Dec. 21, 2007 - Governor Rick Perry appoints William Boyce to fill appeals court bench vacated by Justice Edelman until successor is elected. Civil Case Opinions by Justice Richard Edelman Rakowski v. Committee to Protect Creek Village Homeowner's Rights (Tex.App. - Houston [14th Dist.] Apr. 3, 2008) (Subst. plurality op. by Edelman) (real estate law, subdivision restrictive covenant dispute) AFFIRMED: Opinion by Justice Edelman 14-05-01143-CV Robert A. Rakowski and Clear Creek Civic Association, Inc. v. Committee to Proctect Clear Creek Village Homeowners' Rights and Preserve our Park Appeal from 405TH District Court of Galveston County Concurring and Dissenting Opinion by Justice Frost in Robert A. Rakowski and Clear Creek Civic Association, Inc. v. Committee to Proctect Clear Creek Village Homeowners' Rights and Preserve our Park Trial Court Judge: Wayne J. Mallia Thottumkal v. McDougal No. 14-06-00364-CV (Tex. App.- Houston [14th Dist.] Jan. 15, 2008)(Hedges)(frivolous suit sanctions affirmed) AFFIRMED AS MODIFIED: Opinion by Chief Justice Hedges, Concurring Opinion by Justice Edelman Before Chief Justice Hedges, Justices Fowler and Edelman Jose Thottumkal and Saramma Thottumkal v. Larry McDougal Appeal from 268th District Court of Fort Bend County (Judge Brady G. Elliott) Concurring Opinion by Justice Edelman Justice v. State Farm Lloyds Ins. Co. No. 14-06-00248-CV (Tex. App.- Houston [14th Dist.] Jan. 15, 2008)(Edelman) (insurance coverage dispute, home owners, mold damage) AFFIRMED: Opinion by Justice Edelman Before Justices Brock Yates, Edelman and Frost Larry Justice, Beth Justice and Karen Justice v. State Farm Lloyds Insurance Company and FTI/SEA Consulting Appeal from 127th District Court of Harris County (Judge Sharolyn P. Wood) Concurring Opinion by Justice Frost, 14-06-00248-CV Larry Justice, Beth Justice and Karen Justice v. State Farm Lloyds Insurance Company and FTI/SEA Consulting Tex Star Moros, Inc. v. Regal Financial Co. (Tex.App. - Houston [14th Dist.] Jan. 10, 2008) (substituted opinion on rehearing by Justice Edelman)(breach of contract) AFFIRMED AS MODIFIED IN PART AND REVERSED AND REMANDED IN PART: Opinion by Justice Edelman Before Justices Anderson, Hudson and Edelman 14-05-00215-CV Tex Star Motors, Inc. v. Regal Finance Company, Ltd. and Regal Finance Company II, Ltd. Appeal from 61st District Court of Harris County (Hon. John J. Donovan) Rakowski v Committe to Protect Clear Creek Village (Tex.App.- Houston [14th Dist.] Dec. 20, 2007)(Plurality opinion by Edelman)(real estate law, title, deed restrictions, restrictive covenants, commercial use, recreational use) AFFIRMED: Opinion by Justice Edelman Before Justices Fowler, Edelman and Frost 14-05-01143-CV Robert A. Rakowski and Clear Creek Civic Association, Inc. v. Committee to Protect Clear Creek Village Homeowners' Rights and Preserve our Park Appeal from 405TH District Court of Galveston County (Hon. Wayne J. Mallia) Justice Frost wrote separately in Rakowski v Committee to Protect Clear Creek Village (Tex.App.- Houston [14th Dist.] Dec. 20, 2007)(Concurring and Dissenting Opinion by Justice Frost) Edelman would hold that exclusive agency jurisdiction doctrine bars trial court from considering declaratory judgment claim relating to permit dispute involving government agency Justice Edelman dissented in Supermercado Teloloapan, Inc. v. City of Houston (Tex.App.- Houston [14th Dist.] Dec. 18, 2007)(Dissenting Opinion by Justice Edelman) (exhaustion of administrative remedies, exclusive jurisdiction doctrine) Supermercado Teloloapan, Inc. v. City of Houston (Tex.App.- Houston [14th Dist.] Dec. 18, 2007)(Hedges)(government entities, regulation, declaratory judgment, UDJA) AFFIRMED: Opinion by Chief Justice Hedges, Dissenting Opinion by Justice Edelman Before Chief Justice Hedges, Justices Fowler and Edelman 14-06-00472-CV Supermercado Teloloapan, Inc. d/b/a Teloloapan Meat Market v. City of Houston Appeal from 80th District Court of Harris County (Hon. Kent Sullivan) Wilson-Everett v. Christus St. Joseph (Tex.App.- Houston [1st Dist.] Nov. 29, 2007)(Edelman)(HCLC, medical malpractice, expert report, constitutional challenge) AFFIRMED: Opinion by Justice Edelman Before Justices Fowler, Edelman and Frost 14-05-00999-CV Mercedes Wilson-Everett, Individually and as Respresentative of the Estate of Ruby J. Wilson, deceased v. Christus St. Joseph, Jeff Webster, Edith Irby Jones, LaKisha Hose, Mariamme Kurian, Laura Fortin, Sophie Meyers, Nedra Thomas and Laura Flint Appeal from Probate Court No 1 of Harris County Frost concurred in Wilson-Everett v. Christus St. Joseph (Tex.App.- Houston [1st Dist.] Nov. 29, 2007)(Concurring Opinion by Justice Frost) Williams v. Williams (Tex.App.- Houston [Nov. 29, 2007)(Fowler)(divorce, prenuptial agreement) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Fowler Before Justices Fowler, Edelman and Frost 14-05-00975-CV Mona Ellen Williams v. Billy Jack Williams Appeal from 328th District Court of Fort Bend County (Hon. Ronald R. Pope) Edelman dissented in Williams v. Williams (Tex.App. - Houston [14th Dist.] Nor. 29, 2007)(Dissent by Edelman)(prenup, separate or community property) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Dissenting Opinion by Justice Edelman Before Justices Fowler, Edelman and Frost 14-05-00975-CV Mona Ellen Williams v. Billy Jack Williams Appeal from 328th District Court of Fort Bend County (Hon. Ronald R. Pope) Wilson v. Braeburn Presbyterian Church (Tex.App.- Houston [14th Dist.] Nov. 27, 2007)(Opinion by Senior Justice Edelman, sitting by assignment) (premises liability, slip and fall) REVERSED AND REMANDED: Opinion by Justice Edelman Before Justices Brock Yates, Edelman and Seymore 14-06-00215-CV Johnnie Wilson v. Braeburn Presbyterian Church Appeal from 80th District Court of Harris County (Hon. Kent Sullivan) Justice Yates wrote concurring opinion in Wilson v. Braeburn Presbyterian Church (Tex.App.- Houston [14th Dist.] Nov. 27, 2007)(Yates) Anglo-Dutch Petro Int. Inc. v. Smith (Tex.App.- Houston [14th Dist.] Nov. 20, 2007)(Edelman)(breach of contract, fiduciary duty, BoFD, fraud, exemplary damages, economic loss rule, double recovery) AFFIRMED AS MODIFIED: Opinion by Justice Edelman Before Chief Justice Hedges, Justices Fowler and Edelman 14-06-00580-CV Anglo-Dutch Petroleum International, Inc., Anglo-Dutch (Tenge) LLC, and Scott Van Dyke v. Forest Hunter Smith Appeal from 133rd District Court of Harris County (Hon. Lamar McCorkle) FInley v. U-Haul Co. (Tex.App.- Houston [14th Dist.] Nov. 20, 2007)(Edelman)(negligence, forseeability) AFFIRMED: Opinion by Justice Edelman Before Justices Fowler, Edelman and Frost 14-05-01161-CV Allene Finley, Administratrix of the Estate of John Finley, Deceased v. U-Haul Co. of Arizona and U-Haul Co. of Texas Appeal from 55th District Court of Harris County (Hon. Jeff Brown) Loewe v. Trammell Crow Co. (Tex.App.- Houston [14th Dist.] Nov. 15, 2007)(Edelman)(commercial lease, DTPA, fraud) AFFIRMED: Opinion by Justice Edelman Before Justices Brock Yates, Edelman and Seymore 14-06-00971-CV Jeanenne Loewe, Individually, and d/b/a The Elite Salon of 1960 v. Trammell Crow Company and Trammell Crow Houston, Ltd. Appeal from 334th District Court of Harris County (Hon. Sharon McCally) Tellez v. Allstate Texas Lloyds (Tex.App.- Houston [14th Dist.] Oct. 30, 207)(Edelman)(insurance coverage, contractual and extra-contractual claims) AFFIRMED AS MODIFIED: Opinion by Justice Edelman Before Justices Brock Yates, Edelman and Seymore 14-06-00305-CV Lucy Tellez v. Allstate Texas Lloyds Appeal from 152nd District Court of Harris County (Hon. Ken Price Wise Studebaker Worthington Leasing Corp. v. Texas Shutters Corp. (Tex.App.- Houston [14th Dist.] Oct. 30, 2007)(Edelman)(enforcement of foreign judgment, collateral attack) REVERSED AND REMANDED: Opinion by Justice Edelman Before Chief Justice Hedges, Justices Fowler and Edelman 14-06-00685-CV Studebaker Worthington Leasing Corp. v. Texas Shutters Corp. and Jesus Figueroa a/k/a Jesse Figueroa Appeal from 127th District Court of Harris County (Name of judge not shown) Carpenter v. Exelon Corp. (Tex.App.- Houston [14th Dist.] Oct. 26, 2007)(Edelman)(special appearance) AFFIRMED: Opinion by Justice Edelman Before Justices Edelman, Frost and Seymore) 14-07-00149-CV Timothy J. Carpenter, Mervin G. Schaefer, James P. Maloney, Oldcosy Corporation, Henry Jackson, David Reindi, Henry C. Hess, David Falldorf, and Jane P. Koth v. Exelon Corporation and Exelon Enterprises Company, L.L.C Appeal from 133rd District Court of Harris County (Hon. Putnam Reiter) Wilson v. Aames Capital Corp. (Tex.App.- Houston [14th Dist.] Oct. 23, 2007)(Edelman) (real estate transactions, judicial foreclosure, home) AFFIRMED: Opinion by Justice Edelman Before Justices Brock Yates, Edelman and Seymore 14-06-00524-CV Vera F. Wilson v. Aames Capital Corporation Appeal from 125th District Court of Harris County (Hon. John A. Coselli) Senior Justice Edelman writes opinion in university defamation case Thomas-Smith v. Mackin (Tex.App.- Houston [14th Dist.] Sep. 27, 2007)(Edelman)(defamation) REVERSED AND REMANDED: Opinion by Justice Edelman Before Justices Fowler, Edelman and Frost 14-05-00852-CV V.E. Joahanne Thomas-Smith v. James E. Mackin Appeal from 155th District Court of Waller County (Judge Daniel R. Beck) Justice Edelman dissents on inherent risk standard in sports injury liability case Chrismon v. Brown (Tex.App.- Houston [14th Dist.] Sep. 27, 2007)(Frost)(negligence, sports injury) AFFIRMED: Opinion by Justice Frost Before Justices Fowler, Edelman and Frost 14-05-00822-CV Robin Chrismon and Lonnie Chrismon v. Harold J. Brown, Individually and as an Agent of Registered Teams of the Amateur Softball Association of America, and Registered Teams of the Amateur Softball Association of America Appeal from 127th District Court of Harris County (Hon. Sharolyn P. Wood) Dissenting Opinion by Justice Edelman (inherent risk standard) Goss v. Kellogg Brown and Root, Inc. (Tex.App.- Houston [14th Dist.] Aug. 16, 2007)(Edelman)(personal injury, industrial accident, explosion) AFFIRMED: Opinion by Justice Edelman (Before Justices Anderson, Edelman and Frost) 14-05-00050-CV Armon Alan Goss and Theresa Ann Goss, Bryan Hall, Carol Hall , sean Hall, Shane Hall, Roby G. Plemons, Karne Plemons, Jessica Plemons, Jeffery C. Kuper, Diane Kuper, Sarah Kuper, Erin Kuperl & Pacific Employers Ins. Co. v. Kellogg Brown and Root Inc., individually and as successor in interest to the M.W. Kellogg Company Appeal from 215th District Court of Harris County (Judge Levi James Benton) Concurring Opinion by Justice Frost In the Matter of T.A.W. (Tex.App.- Houston [14th Dist.] Aug. 9, 2007)(Edelman) (juvenile proceeding, sex assault, jurisdiction, offender's age) AFFIRMED: Opinion by Justice Edelman (Before Justices Anderson, Edelman and Frost) 14-05-00554-CV In the Matter of T.A.W. Appeal from 314th District Court of Harris County Concurring Opinion by Justice Frost (Before Justices Anderson, Edelman and Frost) 14-05-00554-CV In the Matter of T.A.W. Appeal from 314th District Court of Harris County Tex Star Motors Inc. v. Regal Finance Corporation (Tex.App.- Houston [14th Dist.] Jul. 19, 2007)(Edelman) AFFIRMED AS MODIFIED IN PART AND REVERSED AND REMANDED IN PART: Opinion by Justice Edelman Before Justices Anderson, Hudson and Edelma 14-05-00215-CV Tex Star Motors Inc. v. Regal Finance Company Ltd and Regal Finance Company II Ltd Appeal from 61st District Court of Harris County Thomas v. Alford (Tex.App.- Houston, Jul 19, 2007)(Edelman) (HCLC, medical malpractice, expert report) AFFIRMED: Opinion by Justice Edelman Before Chief Justice Hedges, Justices Fowler and Edelman 14-06-00796-CV Gene Thomas and Carolyn Thomas v. Jeffery Alford, M.D., Sweetwater Medical Associates, P.L.L.C., and Robert Malone, M.D. Appeal from 400th District Court of Fort Bend County Habeas Corpus Relief Granted in Child Support Contempt In Re Brownhill (Tex.App.- Houston [14th Dist.] Jun. 7, 2007)(Edelman) (child support contempt) MOTION OR WRIT GRANTED: Opinion by Justice Edelman Before Justices Brock Yates, Edelman and Seymore 14-07-00346-CV In Re: James Steven Brownhill Appeal from 310th District Court of Harris County (Judge Lisa A. Millard) Justice Edelman Dissents on Standing and Subject Matter Jurisdiction Yasuda Fire and Marine Insurance Company of America v. Criaco (Tex.App.- Houston [14th Dist.] Jun. 7, 2007)(Frost)(standing)[insurance law, PI-auto, workers comp, UIM coverage, settlement agreement, Rule 11, standing, attorney's fee recovery] REVERSED AND RENDERED: Opinion by Justice Frost Before Justices Anderson, Edelman and Frost 14-05-00851-CV Yasuda Fire and Marine Insurance Company of America, Sompo Japan Insurance Co. of America v. Miller Criaco d/b/a Criaco & Corteguera Appeal from 405TH District Court of Galveston County (Judge Wayne J. Mallia) Dissenting Opinion by Justice Edelman Yasuda Fire and Marine Ins. Co. of America v. Criaco Trial Court erred in not awarding attorneys' fees and postjudgment interest Sap Trading, Inc v. Mohammed Sohani (Tex.App.- Houston [14th Dist.] Jun. 5, 2007)(Edelman) [attorney's fees, post-judgment interest] AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Edelman Before Justices Brock Yates, Edelman and Seymore 14-06-00641-CV Sap Trading, Inc v. Mohammed Sohani and AAA King Corp d/b/a King Importer and Wholesaler--Appeal from Co Civil Ct at Law No 2 of Harris County (Judge Gary Michael Block) W.R. Grace & Co v. Taylor (Tex.App.- Houston [14th Dist.] May 17, 2007)(Edelman)(noncompete) [employment law, noncompete agreements, termination, enforceability] AFFIRMED: Opinion by Justice Edelman Before Justices Anderson, Fowler and Edelman 14-06-01056-CV W.R. Grace & Co.-Conn v. James R. Taylor Appeal from 10th District Court of Galveston County (Judge David Edward Garner) Cruz v. Holeman (Tex.App.- Houston [14th Dist.] May 10, 2007)(Edelman)(jury question)[biz law, JV dispute, usury, jury question] AFFIRMED: Opinion by Justice Edelman Before Justices Brock Yates, Edelman and Seymore 14-06-00101-CV Hermelinda Cruz v. Virgie Holleman, Individually and a/n/f for Fred Holleman Appeal from 61st District Court of Harris County (Judge John J. Donovan) Appeals Court Overturns Jury's Fraud Finding and Exemplary Damages Award Against Title Company in Shady Real Estate Transaction, But Affirms Judgment for Breach of Fiduciary Duty Chicago Title Co. v. Home Loan Corp. (Tex.App.- Houston [14th Dist.] Apr. 24, 2007)(Edelman) [real estate closing dispute, breach of fiduciary duty, fraud, BoFD, error preservation] AFFIRMED AS MODIFIED: Opinion by Justice Edelman Before Justices Fowler, Edelman and Guzman 14-04-01059-CV Chicago Title Insurance Company v. Home Loan Corporation d/b/a Expanded Mortgage Credit Appeal from 215th District Court of Harris County (Judge Levi James Benton) Remainder of trial court judgment in CPS case affirmed in second appeal In the Interest of JR and BR (Tex.App.- Houston [14th Dist.] Apr. 10, 2007)(Edelman)(CPS, termination of parental rights previously reversed, CPS appointed managing conservator, scope of mandate, effect on trial court) AFFIRMED: Opinion by Justice Edelman Before Justices Anderson, Edelman and Frost 14-05-01216-CV In the Interest of J.R. and B.R., Children Appeal from 314th District Court of Harris County (Judge John Phillips) Sturm v. Muens (Tex.App.- Houston [14th Dist.] Mar. 8, 2007)(Justice Edelman)[promissory note, fraud, usury counterclaim] Justice Frost dissented in Sturm v. Muens (Tex.App.- Houston [14th Dist.] Mar. 8, 2007)(dissent by Frost) Sturm v. Muens (Tex.App.- Houston [14th Dist.] Mar. 8, 2007)(Edelman) Sturm v. Muens (Tex.App.- Houston [14th Dist.] Mar. 8, 2007)(Dissent by Frost) (promissory note, counterclaim, usury, fraud) REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Edelman Before Justices Anderson, Edelman and Frost 14-04-00917-CV Lawrence Edward Stirm, Sr. v. Guenther Muens Appeal from 151st District Court of Harris County Trial Court Judge: CAROLINE ELIZABETH BAKER Dissenting Opinion by Justice Frost Silver Lion, Inc. v. Esperanza Martinez (Tex.App.- Houston [14th Dist.] Mar. 6, 2007)(Justice Richard H. Edelman) In the Matter of T.A.W. (Tex.App.- Houston [14th Dist.] Feb. 13, 2007)(Justice Richard Edelman) (juvenile delinquency case) AFFIRMED: Opinion by Justice Edelman (Before Justices Anderson, Edelman and Frost) 14-05-00554-CV In the Matter of T.A.W. Appeal from 314th District Court of Harris County (no name for judge) Justice Edelman Dissents in Workplace Injury Case Mosqueda v. G&H Diversified MFG (Tex.App.- Houston [14th Dist.] Jan. 31, 2007)(Seymore) [PI, workplace injury, workers comp, exclusive remedy, borrowed employee] AFFIRMED: Opinion by Justice Seymore (Before Justices Edelman, Frost and Seymore) 14-04-00183-CV Guillermina Mosqueda v. G & H Diversified MFG., Inc. and Pacesetter Personnel Service, Inc. Appeal from 281st District Court of Harris County (Judge Jane Nenninger Bland) Mosqueda v. G&H Diversified MFG (Tex.App.- Houston [14th Dist.] Jan. 31, 2007)(concurring opinion by Seymore) Mosqueda v. G&H Diversified MFG (Tex.App.- Houston [14th Dist.] Jan. 31, 2007)(dissenting opinion by Edelman) Harveston Securities Inc. v. Narnia Investments Ltd. (Tex.App.- Houston [14th Dist.] Jan. 11, 2007)(Frost) (restricted appeal, default judgment, sufficiency of service) REVERSED AND REMANDED: Opinion by Justice Frost (Before Justices Anderson, Edelman and Frost) 14-05-00206-CV Harveston Securities Inc. v. Narnia Investments L.T.D. Appeal from 270th District Court of Harris County Dissenting Opinion by Justice Edelman In Harveston Securities Inc. v. Narnia Warwick Towers Council of Co-Owners v. Sydow (Tex.App.- Houston [14th Dist.] Jan. 11, 2007, pet. granted)(Edelman) [later reversed by the Supreme Court] AFFIRMED: Opinion by Justice Edelman (Before Justices Hudson, Edelman and Seymore) 14-05-00254-CV Warwick Towers Council of Co-Owners v. Michael D. Sydow Et Al Appeal from 113th District Court of Harris County Dissenting Opinion by Justice Seymore In Interest of JR and BR (Tex.App.- Houston [14th Dist.] Jan. 4, 2007)(Justice Edelman) |
Opinions By Houston Justices Fourteenth Court of Appeals Chief Justice Adele Hedges Justice John Anderson Justice William Boyce (newly appointed) Justice Richard Edelman (formerly) Justice Wanda Fowler (former) Justice Eva M. Guzman Justice Jeffrey Brown Justice J. Harvey Hudson (formerly) Justice Charles W. Seymore Justice Kem Thompson Frost Justice Leslie Brock Yates First Court of Appeals Chief Justice Sherry Radack Justice Tim Taft Justice Sam Nuchia (former) Justice Jim Sharp Justice Terry Jennings Justice Evelyn Keyes Justice Elsa Alcala Justice George C. Hanks, Jr. Justice Laura Carter Higley Justice Jane Bland |
| Appellate Opinions by Justice Richard Edelman (Tex.App.- Houston [14th Dist.] 2008) Houston Opinions |