Opinions by [Former] Justice Wanda Fowler in Civil Appeals

Nov. 7, 2008: Governor appoints former Houston District Court Judge Kent
C. Sullivan to replace Fowler
Sep. 10, 2008: Houston Chronicle reports that Justice Fowler resigned late
in August and that her replacement will be appointed by the Governor
because the filing deadline for the November 2008 election has passed.
According the TEXAS LAWYER (9/22), Wanda McKey Fowler has joined
Wright, Brown & Close in Houston as a partner.

Most Recent Appellate Opinions by Justice Fowler in
in Civil Cases

Metro v. Harris County (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Fowler)
(workers comp subrogation)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by
Justice Fowler
Before Justices Fowler, Frost and Seymore
14-06-00513-CV
Metropolitan Transport Authority v. Harris County, Texas
Appeal from County Civil Court at Law No 1 of Harris County
Trial Court Judge: R. Jack Cagle

Texas Mutual Ins. Co. v. Morris (Tex.App.- Houston [1st Dist.] Aug. 26,
2008)(Fowler) (insurance code violation damages affirmed, loss of credit
reputation damages deleted)
AFFIRMED AS MODIFIED: Opinion by Justice Fowler
Before Justices Anderson, Fowler and Frost
14-06-00651-CV        Texas Mutual Insurance Company v. P. Lance Morris
Appeal from 11th District Court of Harris County
Trial Court Judge: Mark Davidson

West v. Triple B Services, LLP (Tex.App.- Houston [1st Dist.] Aug. 26,
2008)(Fowler)(construction law, BoC, surety liability limited to face amount
of bond)AFFIRMED AS MODIFIED: Opinion by Justice Fowler
Before Chief Justice Hedges, Justices Fowler and Boyce
14-07-00082-CV        William G. West, Chapter 7 Trustee of Classic
Contractors of Houston Ltd., and Classic GP, L.L.C., and Western Surety
Company v. Triple B Services, LLP
Appeal from 281st District Court of Harris County
Trial Court Judge: David J. Bernal

CA Partners v. Marshall Spears (Tex.App.- Houston [14th Dist.] Aug. 21,
2008)(Fowler)
(debt collection, deed of trust, DTPA, DJA, attorneys fees reversed and
remanded)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by
Justice Fowler
Before Justices Fowler, Seymore and Guzman
14-07-00057-CV CA Partners v. Marshall Spears and CitiFinancial, Inc.
Appeal from 212th District Court of Galveston County
Trial Court Judge: Susan Elizabeth Criss

CHCA Mainland, LP v. Dickie (Tex.App.- Houston [14th Dist.] Aug. 21,
2008)(Fowler) (HCLC, expert not qualified; case remanded for possible
grant of extension to file proper report)
REVERSED AND REMANDED: Opinion by Justice Fowler
Before Justices Fowler, Frost and Seymore
14-07-00831-CV CHCA Mainland, L.P. D/B/A Mainland Medical Center v.
Bonnie Dickie
Appeal from 10th District Court of Galveston County

In Re Seizure of Gambling Proceeds (Tex.App.- Houston [14th Dist.] Aug.
19, 2008)(Fowler) (search warrant not required for the State to initiate a
forfeiture proceeding under Article 18.18(b) when officers enter a gaming
establishment with the owner's consent and there is probable cause for
seizure of the property)
AFFIRMED: Opinion by Justice Fowler
Before Justices Fowler, Frost and Seymore
14-06-01092-CV In Re Seizure of Gambling Proceeds and Devices
Appeal from County Criminal Court at Law No 7 of Harris County

In Re Lawson (Tex.App.- Houston [14th Dist.] July 31, 2008)(Fowler)
(arbitration mandamus granted)
MOTION OR WRIT GRANTED: Opinion by Justice Fowler
Before Justices Fowler, Frost and Seymore
14-07-00429-CV In Re: Donald Lawson, Individually and d/b/a V.I.P. Home
Inspections and Mark Guillerman
Appeal from 165th District Court of Harris County
Trial Court Judge: Elizabeth Ray
INTERLOCUTORY APPEAL in same case DISMISSED:
Opinion by Justice Fowler
Before Justices Fowler, Frost and Seymore
14-07-00324-CV Donald Lawson, Individually and d/b/a V.I.P. Home
Inspections and Mark Guillerman v. Larry Archer and Wife Susan
Archer--Appeal from 165th District Court of Harris County

Starr v. Dart (Tex.App.- Houston [14th Dist.] July 24, 2008)(Fowler)
(settlement agreement, usuary law not applicable)
AFFIRMED: Opinion by Justice Fowler
Before Chief Justice Hedges, Justices Fowler and Boyce
14-07-00673-CV Frank F. Starr v. Henry Dart
Appeal from 189th District Court of Harris County
Trial Court Judge: William R. Burke JR.

O'Kane v. Coleman (Tex.App.- Houston [14th Dist.] July 1,
2008)(Fowler)(lease law, theft liability act claim, amendment of pleadings
prior to hearing, tortious interference, defense of privilege, denial of motion
for continuance, admissions exclusion of sj evidence)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by
Justice Fowler
Before Justices Fowler, Frost and Seymore
14-06-00657-CV Jon Richard O'Kane v. Jeff Coleman, Individually and
Enterprise Rent-A-Car Company of Texas, Inc.
Appeal from 10th District Court of Galveston County
Trial Court Judge: David Edward Garner

Trousdale v. Henry (Tex.App.- Houston [14th Dist.] June 24, 2008)(Fowler
(legal malpractice, claim splitting, applicable statute of limitations, tolling,
discovery rule)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by
Justice Fowler
Before Justices Brock Yates, Fowler and Guzman
14-06-00848-CV Lenieta Wylene Trousdale v. Annette M. Henry, R.
Christopher Bell and Bell & Henry, L.L.P.
Appeal from 129th District Court of Harris County
Trial Court Judge: Samuel Grant Dorfman
Concurring and Dissenting Opinion by Justice Guzman (different legal
causes of action with different statutes of limitations not separate claims).

In Re: Hoar Construction, LLC (Tex.App.- Houston [14th Dist.] May 29,
2008)(Fowler) (attorney properly disqualified, mandamus denied)
MOTION OR WRIT DENIED: Opinion by Justice Fowler
Before Justices Brock Yates, Fowler and Guzman
14-07-00666-CV In Re: Hoar Construction, LLC; Landry's Management, LP;
Landry's Restaurant, Inc.; Hospitality Headquarters, Inc.; and St. Paul Fire
and Marine Insurance Company
Appeal from 61st District Court of Harris County
Trial Court Judge: John P. Donovan

Harris County Hospital District v. Textac Partners I (Tex. App.- Houston
[14th Dist.] May 1, 2008)(Fowler) (eminent domain, condemnation)
REVERSED AND REMANDED: Opinion by Justice Fowler
Before Justices Hudson, Fowler and Guzman
14-06-00437-CV Harris County Hospital District v. Textac Partners I, A
Texas General Partnership, Houston ISD, Houston Community College, City
of Houston, and Harris County
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge: Judge Gary Michael Block

Rivenes MD v. Holden (Tex.App.- Houston [14th Dist.] Mar. 11,
2008)(Fowler) (HCLC, medical malpractice, defendant's motion to dismiss,
trial court should have dismissed med mal suit remanded for attorney's fees)
REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion
by Justice Fowler
14-07-00438-CV Scott Rivenes, M.D. v. Donald M. Holden and Mary Holden
- Appeal from 434th Judicial District Court of Fort Bend County (Hon. James
H. Shomake)

Hong v. IAE, Inc. (Tex.App. - Houston [14th Dist.] Mar. 11, 2008)(Fowler)
(judgment reversed, conclusory and insufficient expert testimony to support
damages award)
REVERSED AND REMANDED: Opinion by Justice Fowler
14-06-00579-CV Maggie Feng Hong, Bo Hong, IAE Supply, Inc. and IAE
Energy & Supplies, Inc. v. Integrated Applications Engineering, Inc. and
David Howe
Appeal from 268th District Court of Fort Bend County (Judge Brady G.
Elliott)

In the Interest of AS, DS, and LAS (Tex.App.- Houston [14th Dist.] Mar. 4,
2008)(Fowler)(termination of parental rights reversed)
REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion
by Justice Fowler
Before Justices Brock Yates, Fowler and Guzman
14-07-00140-CV In the Interest of A.S., D.S. and L.A.S
Appeal from 314th District Court of Harris County (Judge John Phillips)

Gomez v. Pasadena Health Care Management Inc. (Tex.App. - Houston
[14th Dist.] Jan. 17, 2008)(Fowler)
(HCLC, minor's suit, statute of limitations, open courts challenge)
AFFIRMED: Opinion by Justice Fowler
Before Justices Brock Yates, Fowler and Guzman
14-06-00605-CV Juan Gomez, as Parent and Next Friend of Michael
Gomez, a Minor v. Pasadena Health Care Management, Inc., and
Southmore Medical Center, LTD.
Appeal from 11th District Court of Harris County (Judge not identified on
appellate docket sheet)

Summers v. Ameriquest Mortgage Co. (Tex.App.- Houston [14th Dist.] Jan.
15, 2008)(Fowler)(sj)
(real estate law, home owner law, foreclosure, home equity loan)
AFFIRMED: Opinion by Justice Fowler
Before Justices Brock Yates, Fowler and Guzman
14-06-00734-CV Kelly Lee Summers v. Ameriquest Mortgage Company
Appeal from 151st District Court of Harris County (Hon. Caroline Elizabeth
Baker)

Southtex 66 Pipeline Co. v. Spoor (Tex.App.- Houston [14th Dist.] Oct 23,
2007)(Fowler)(UDJA, easement, trespass to try title)
REVERSED AND RENDERED: Opinion by Justice Fowler
Before Justices Brock Yates, Anderson and Fowler
14-05-01181-CV Southtex 66 Pipeline Company, Ltd. v. John Spoor, Susan
Lynn Spoor, and Claudine Spoor, Individually and as Independant Executrix
of the Estate of Donald Eugene Spoor, Deceased
Appeal from Co Ct at Law No 3 & Probate Ct of Brazoria County (name of
judge omitted from appellate docket sheet)

Mohindra v. Mohindra (Tex.App. - Houston [14th Dist.] Oct. 23,
2007)(Fowler)(divorce, fault grounds, unequal division of property,
retirement division)
AFFIRMED: Opinion by Justice Fowler
Before Justices Brock Yates, Fowler and Guzman
14-06-00056-CV Chander Mohindra v. Sudha Mohindra
Appeal from 246th District Court of Harris County (Hon. Jim York)

Challenge to conveyance of real estate without deed rejected
Greene v. Glass (Tex.App.- Houston [14th Dist.] Oct. 16, 2007)(Fowler)
(real estate transactions, probate law, conveyance of undivided interest in
real property, parol gift, statute of frauds)
AFFIRMED: Opinion by Justice Fowler
Before Chief Justice Hedges, Justices Fowler and Edelman)
14-06-00787-CV Robin Reindl Greene and Karen Reindl Koch v. Rose
Casteel Glass, Independent Administrator of the Estate of Alicia
Marcos-Diaz Reindl
Appeal from Probate Court No 1 of Harris County (Hon. Russell P. Austin)

Pierson v. Reynolds (Tex.App.- Houston [14th Dist.] Aug. 30, 2007)(Fowler)
(forcible detainer, possession)
VACATED AND DISMISSED: Opinion by Justice Fowler
Before Justices Anderson, Fowler and Frost
14-06-01023-CV Virginia Pierson v. Theresa Reynolds
Appeal from Co Civil Ct at Law No 4 of Harris County (Roberta Anne Lloyd)

Lazo v. RSI International, Inc. (Tex.App.- Houston [14th Dist.] Aug. 30,
2007)(Fowler)(insurance law, insurance policy cancellation)
AFFIRMED: Opinion by Justice Fowler
Before Justices Anderson, Fowler and Seymore
14-06-00432-CV Kelvyn and Susana Lazo, Individualy, and d/b/a Lazo's
Custom Woodwork and Pablo Abello, Individually and d/b/a Pablo Abello
Insurance Agency v. RSI International, Inc. and St. Paul Reinsurance
Company, Ltd.
Appeal from 61st District Court of Harris County (Hon. Tony Lindsay)

Adair v. Veritas DGC Land, Inc. (Tex.App.- Houston [14th Dist.} Aug. 9,
2007)(Fowler)(mass tort, seismic survey damage alleged, summary
judgment affirmed, motion for continuance)
AFFIRMED: Opinion by Justice Fowler
(Before Chief Justice Hedges, Justices Fowler and Edelman)
14-06-00254-CV        Sandra Adair, Et Al v. Veritas DGC Land, Inc.
Appeal from 212th District Court of Galveston County (Hon. Susan Elizabeth
Criss)

GE Capital Corp. v. ICO, Inc. (Tex.App.- Houston [14th Dist.] Jun. 12,
2007)(Fowler) [garnishment wages, FoF & CoL, attorney's fees]
AFFIRMED IN PART/REVERSED AND RENDERED: Opinion by Justice
Fowler
Before Justices Fowler, Edelman and Frost
14-05-01095-CV General Electric Capital Corporation and Morris Tabak v.
ICO, Inc., Timothy J. Gollin and Weycer Kaplan Pulanski & Ziber P.C.
Appeal from 165th District Court of Harris County (Judge Elizabeth Ray)
Concurring Opinion by Justice Frost
Before Justices Fowler, Edelman and Frost
14-05-01095-CV General Electric Capital Corporation and Morris Tabak v.
ICO, Inc., Timothy J. Gollin and Weycer Kaplan Pulanski & Ziber
P.C.--Appeal from 165th District Court of Harris County

Jackson v. TSU (Tex.App.- Houston [14th Dist.] Jun. 12, 2007)(Fowler)

AFFIRMED: Opinion by Justice Fowler
Before Chief Justice Hedges, Justices Fowler and Edelman
14-06-00295-CV Robert Jackson v. Texas Southern University-Thurgood
Marshall School of Law, J. Faith Jackson, Individually and as Employee and
McKen Carrington, Individually and as Employee
Appeal from 234th District Court of Harris County (Judge Reese Rondon)

Stevens v. The Anatolian Shepherd Dog Club of America, Inc. (Tex.App.-
Houston [14th Dist.] Jun. 5, 2007)(Fowler)(association law, autonomy
voluntary associations, attorney's fees, unjust enrichment, refund)
AFFIRMED: Opinion by Justice Fowler
Before Chief Justice Hedges, Justices Fowler and Edelman
14-06-00367-CV Rhea C. Stevens v. The Anatolian Shepherd Dog Club of
America, Inc.
Appeal from County Court at Law of Austin County (Judge Gladys M.
Oakley)

Carrell v. Texas Career Management Corp. (Tex.App.- Houston [14th Dist.]
May 24, 2007)(Fowler)(NE-MSJ)
[no evidence motion for summary judgment, computer password, e-law]
AFFIRMED: Opinion by Justice Fowler
Before Justices Taft, Edelman and Frost
14-05-01104-CV Janette Carrell v. Texas Career Management Corporation
d/b/a Bernard Haldane Associates
Appeal from 80th District Court of Harris County (Judge Kent Sullivan)

Mathis v. Restoration Builders, Inc. (Tex.App.- Houston [14th Dist.] May 22,
2007)(Fowler)(negligence premises)
[premises liability, negligence, res ipsa loquitur, causation, NE-MSJ]
REVERSED AND REMANDED: Opinion by Justice Fowler
Before Justices Fowler, Edelman and Frost
14-05-00996-CV George Mathis, Jr. v. Restoration Builders, Inc
Appeal from 215th District Court of Harris County
(Judge Levi James Benton)
Justice Edelman dissented in Mathis v. Restoration Builders, Inc.

Aguirre v. Vasquez (Tex.App.- Houston [1st Dist.] May 1,
2007)(Fowler)(workers com, workplace safety, car crash, workers comp,
exclusive remedy defense)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by
Justice Fowler
Before Chief Justice Hedges, Justices Fowler and Edelman
14-06-00325-CV        Daniel Antonio Aguirre, Et Al v. Dora G. Vasquez
Appeal from Probate Court No 4 of Harris County (WM CAMERON
MCCULLOCH)

Trial Court Had No Discretion to Award Husband's Separate Property
to the Wife - Property Division Reversed and Severed for Remand

Gana v. Gana (Tex.App. - Houston [14th Dist.] Apr. 24, 2007)(Fowler)
(family law, divorce, property division reversed)
REVERSED AND REMANDED: Opinion by Justice Fowler
Before Chief Justice Hedges, Justices Fowler and Edelman
14-05-00601-CV        Bradley Jay Gana v. Susan Ruth Gana
Appeal from 310th District Court of Harris County (Judge Lisa A. Millard)

Scott v. Correctional Officer Smith (Tex.App.- Houston [14th Dist.] Mar. 29,
2008)(Fowler) (motion to reinstate, dismissal reversed, notice)
REVERSED AND REMANDED: Opinion by Justice Fowler
Before Chief Justice Hedges, Justices Fowler and Edelman
14-05-00409-CV Michael Scott v. Correctional Officer Smith and
Correctional Officer John Doe
Appeal from 240th District Court of Fort Bend County (Judge Thomas Ralph
Culver)

Summary Judgment in Suit on Sworn Account Affirmed

Powells v. Nova Factor, Inc. (Tex.App.- Houston [14th Dist.] Mar. 27,
2007)(Fowler)(suit on sworn account required verified special denial that is
not conclusory; controverting attorney fee affidavit insufficient)
AFFIRMED: Opinion by Justice Fowler
(Before Justices Fowler, Edelman and Frost)
14-05-00912-CV        Janice R. Powells, M.D., and Houston Infant &
Adolescent Medicine, P.A, v. Nova Factor, Inc.
Appeal from County Civil Court at Law No 4 of Harris County

Expunction Order Reversed on Appeal

Texas Department of Public Safety v. Collmorgen (Tex.App.- Houston [14th
Dist.] Mar. 22, 2007)(Fowler)[expungement denied, dismissal of indictment
based on complaining witness's request not sufficient]
REVERSED AND RENDERED: Opinion by Justice Fowler
(Before Chief Justice Hedges, Justices Fowler and Edelman)
14-06-00478-CV Texas Department of Public Safety v. Jeremy
Collmorgen--Appeal from 9th District Court of Waller County

Duruji v. Duruji (Tex.App.- Houston [14th Dist.] Feb. 27, 2007)(Justice
Fowler)[family law, divorce, foreign decree, res judicata, attorneys fees
awarded as child support]

TH Investments Inc. v. Kriby Inland Marine LP (Tex.App.- Houston [14th
Dist.] Feb. 1, 2007)(Fowler)(second appellate opinion)
[land dispute, real property, river, tides, takings]
AFFIRMED: Opinion by Justice Fowler
(Before Justices Hudson, Fowler and Seymore)
14-05-00204-CV        TH Investments Inc v. Kirby Inland Marine L.P.
Appeal from 269th District Court of Harris County
(Judge John Thomas Wooldridge)

TH Investments Inc. v. Kirby Inland Marine LP (Tex.App.- Houston [14th
Dist.] Jan. 9, 2007)(Justice Fowler)(no-online opinion available, superseded)

Ellwood Texas Forge Corp. v. Jones (Tex.App.- Houston [14th Dist.] Jan. 9,
2007)(Fowler)(workplace injury, negligence)
REVERSED AND RENDERED: Opinion by Justice Fowler
(Before Justices Fowler, Edelman and Frost)
14-05-00909-CV        Ellwood Texas Forge Corporation v. Bobby Jones and
Kelly Jones
Appeal from 151st District Court of Harris County
(Judge Caroline Elizabeth Baker)
Ellwood Texas Forge Corp. v. Jones (Tex.App.- Houston [14th Dist.] Jan. 9,
2007)(Justice Fowler)

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