| Opinions by Other Houston Justices Fourteenth Court of Appeals Chief Justice Adele Hedges Justice John Anderson Justice Richard Edelman Justice Wanda Fowler Justice Eva M. Guzman Justice J. Harvey Hudson 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 Justice Terry Jennings Justice Evelyn Keyes Justice Elsa Alcala Justice George C. Hanks, Jr. Justice Laura Carter Higley Justice Jane Bland |
| 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. 2008 Appellate Opinions by Justice Fowler 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) Find more judge and court information on the houston-opinions.com home page |
| Opinions by [Former] Houston Court of Appeals Justice Wanda McKey Fowler Houston Opinions |