Opinions By Justices of the Houston Courts of Appeals Fourteenth Court of Appeals Chief Justice Adele Hedges Justice John Anderson Justice Richard Edelman | Boyce Justice Wanda Fowler | Sullivan Justice Eva M. Guzman Justice J. Harvey Hudson | Brown 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 N. Bland Houston Civil Trial Court Judges Houston Opinions Home Page |
| 2007 Civil Opinions by Houston Court of Appeals Justice Kem Thompson Frost Houston Opinions |
2007 OPINIONS BY JUSTICE KEM FROST IN CIVIL APPEALS Also see --> 2008 Civil Appellate Opinions by Justice Frost | 2009 Frost Opinions Graves v. Chief Mack (Tex.App.- Houston [14th Dist.] Dec. 11, 2007)(Frost) (public employment, termination, discharge) AFFIRMED: Opinion by Justice Frost Before Chief Justice Hedges, Justices Frost and Guzman 14-07-00163-CV Elisa Graves v. Kenneth Mack, In his Official Capacity as chief of Police, and The City of Galveston, Texas Appeal from 122nd District Court of Galveston County (John A. Ellisor Jr.) Resource Health Services v. Acucare Health Strategies (Tex.App.- Houston [1st Dist.] Nov. 29, 2007)(Frost) (domestication and enforcement of foreign judgment, no judgment attached, DWOJ) DISMISSED: Opinion by Justice Frost Before Justices Anderson, Fowler and Frost 14-06-00849-CV Resource Health Services, Inc. v. Acucare Health Strategies, Inc. Appeal from 269th District Court of Harris County (Hon. John Thomas Wooldridge) In Re Igloo Products Corp. (Tex.App.- Houston [14th Dist.] Nov. 1, 2007)(Frost)(arbitration mandamus denied) MOTION OR WRIT DENIED: Opinion by Justice Frost Before Justices Frost, Seymore and Guzman 14-07-00185-CV In Re: Igloo Products Corp Appeal from 155th District Court of Waller County (Judge Daniel R. Beck) Alobaidi v. UTHSCH (Tex.App.- Houston [14th Dist.] Oct. 30, 2007)(Frost)(public employment, retaliatory discharge) AFFIRMED: Opinion by Justice Frost Before Justices Anderson, Frost and Mirabal 14-06-00303-CV Josephine S. Alobaidi v. The University of Texas Health Science Center at Houston Appeal from 190th District Court of Harris County (Hon. Jennifer Elrod) Prairie View A&M Univ. v. Dickens (Tex.App.- Houston [14th Dist.] Oct. 30, 2007)(Frost)(jurisdiction, individual capacity claims, official capacity claims, sovereign immunity) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Frost Before Justices Anderson, Fowler and Frost 14-06-00966-CV Prairie View A&M University, Doris Price, Individually and as Vice President of Prairie View A&M and George Wright, Individually and as President of Prairie View A&M University v. Brian Dickens Appeal from 164th District Court of Harris County (Hon. Martha Hill Jamison) Bartee v. BCM (Tex.App.- Houston [14th Dist.] Oct. 16, 2007)(Frost) (workplace injury, construction, subcontractor, dangerous condition) AFFIRMED: Opinion by Justice Frost Before Justices Frost, Seymore and Guzman 14-06-00324-CV Robey Bartee v. Baylor College of Medicine, David E. Harvey Builders, Inc., and Emcor Gowan, Inc.--Appeal from 157th District Court of Harris County (Hon. Randy Wilson) Adair v. Veritas (Tex.App.- Houston [14th Dist.] Sep. 27, 2007)(substitute opinion by Frost) (seismic survey property damage claim) AFFIRMED: Opinion by Justice Frost 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) 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) 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 (Judge Sharolyn Wood) Atu v. Slaugher (Tex.App.- Houston [14th Dist.] Sep. 13, 2007)(Frost) (homeowner law, home owners association, foreclosure sale, excess proceeds, interpleader) AFFIRMED IN PART/REVER.& REND.& REVER. & REM.: Opinion by Justice Frost, Opinion by Justice Fowler, Opinion by Justice Anderson Before Justices Anderson, Fowler and Frost 14-06-00771-CV Biodun Atu v. Kristi A. Slaugher, Trusteee, Et Al Appeal from County Civil Court at Law No 2 of Harris County (Judge Gary Michael Block) Boston Medical Group v. Ellis (Tex.App.- Houston [14th Dist.] Aug. 30, 2007)(Frost) (special appearance, medical malpractice, failed penis repair) AFFIRMED: Opinion by Justice Frost Before Justices Frost, Seymore and Guzman 14-06-00801-CV Boston Medical Group v. Mark Ellis Appeal from 152nd District Court of Harris County (Hon. Kenneth Price Wise) Deep Water Slender Wells, LTD v. Shell International Exploration and Production, Inc (Tex.App.- Houston [14th Dist.] May 19, 2007)(Frost)(business litigation, forum selection clause enforced) AFFIRMED IN PART DISMISSED IN PART: Opinion by Justice Frost Before Justices Frost, Seymore and Guzman 14-06-00165-CV Deep Water Slender Wells, LTD, James G. Wood and Preda Consultants Inc. v. Shell International Exploration and Production, Inc., Jim Adam, Graham Brander, and Mark Leonard Appeal from 234th District Court of Harris County (no judge name shown on docket) 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 Fish v. Marsters Co. (Tex.App.- Houston [14th Dist.] May 17, 2007)(Frost)(construction defect) [homeowner law, residential construction dispute, contractor, subcontractor) AFFIRMED: Opinion by Justice Frost Before Justices Fowler, Edelman and Frost 14-06-00129-CV Scott Fish v. Marsters Company, Frank H. Marsters, Individually and Pedigo Services, Inc. Appeal from 268th District Court of Fort Bend County (Judge Brady G. Elliott) In the Interest of J.A.J. (Tex.App. - Houston [14th Dist.] May 10, 2007)(Frost) (criticism of failure of en banc court to resolve conflict among panels, under same factual circumstances different panel had reach opposite conclusion) DISSENTING: Opinion by Justice Frost Before Chief Justice Hedges, Justices Brock Yates, Anderson, Hudson, Fowler, Edelman, Frost, Seymore, Guzman and Mirabal 14-04-01031-CV In the Interest of J.A.J Appeal from 314th District Court of Harris County (Judge John Phillips) In the Interest of T.T. (Tex.App.- Houston [14th Dist.] May 17, 2007)(Frost)(CPS, termination) AFFIRMED: Opinion by Justice Frost Before Justices Frost, Seymore and Guzman 14-06-00552-CV In the Interest of T.T., A.T., D.D., A.D & A.D., Minor Children 14-06-00555-CV In the Interest of T.T., A.T., D.D., A.D & A.D., Minor Children Appeal from 300th District Court of Brazoria County (Judge W. Edwin Denman) Choice v. Gibbs (Tex.App.- Houston [14th Dist.] Apr. 12, 2007)(Frost)(substituted opinion on rehearing) (summary judgment reversed, fact issue, PI, contractor, homeowner negligence) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Fowler, Edelman and Frost 14-05-01068-CV Willie Choice v. Richard A. Gibbs and Mary C. Edwards Appeal from 127th District Court of Harris County (Judge Sharolyn P. Wood) In this negligence case, a contractor appeals a no-evidence summary judgment rendered in favor of the homeowners he sued after allegedly suffering an electrocution while performing work on their premises. Concluding that a genuine issue of material fact as to causation precludes summary judgment, we reverse and remand. Montgomery v. Jacob Varon, M.D (Tex.App.- Houston [14th Dist.] Apr. 3, 2007)(Frost) [Health Care Liability Claim, HCLC, exclusion of evidence, preservation of error] Young., M.D. and Baylor College of Medicine v. Silva Villegas (Tex.App.- Houston [14th Dist.] Apr. 3, 2007)(Frost) (HCLC, interlocutory appeal, ILA, immunity claim, doctors v. entity defendant, supported medical school, who may take interlocutory appeal?, effect of nonsuit on standing) This court lacks appellate jurisdiction over Baylor’s appeal from the trial court’s order because Baylor had been nonsuited before the trial court signed the order and because in that order the trial court did not rule on any motion filed by Baylor. This court does not have appellate jurisdiction over Dr. Young’s appeal from the denial of her plea to the jurisdiction because she is not a governmental unit. Based on section 312.007 of the Texas Health and Safety Code, this court has appellate jurisdiction to review the trial court’s denial of the Summary Judgment Motions as to Dr. Young, but because Dr. Young did not prove as a matter of law that she is entitled to the protections of section 312.006, the trial court properly denied these motions as to her. Accordingly, we dismiss Baylor’s appeal in its entirety and dismiss Dr. Young’s appeal of the trial court’s denial of the Pleas to the Jurisdiction. We affirm the trial court’s order denying the Summary Judgment Motions as to Dr. Young. Arguelless v. KBR (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)(Frost) (workplace injury, explosion, duty of care, finality of judgment) AFFIRMED: Opinion by Justice Frost Before Justices Anderson, Edelman and Frost 14-04-01022-CV Abel Arguelles, Terrie A. Augustino, Petra Renee Barfield, William A Barfield, Adolph Brown, Desmond Burnett, Dora A. Burnett, Ricky A. Carter, Et Al v. Kellogg Brown & Root, Inc., Individually and as Successor in Interest to the M.W. Kellogg Company, and Halliburton Company, Individually and as successor in Interest to the M.W. Kellogg Company Appeal from 334th District Court of Harris County Rowlands v. Unifund CCR Assignee of Citibank (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)(Justice Frost) (consumer debt case, deemed admissions) AFFIRMED: Opinion by Justice Frost Before Justices Fowler, Edelman and Frost 14-05-01122-CV Keith Rowlands v. Unifund CCR as Assignee of Citibank Appeal from Count Civil Court at Law No 3 of Harris County (Judge Lynn M. Bradshaw-Hull) Mojtahedi v. BHV Realty (Tex.App.- Houston [14th Dist.] Mar. 15, 2007)(Justice Frost) (lease law, eviction) This appeal arises out of a landlord/tenant dispute. When the tenant failed to pay rent, the landlord filed a forcible- entry-and-detainer action and obtained a judgment and writ of possession. Upon execution of the writ of possession, the locks at the leased premised were changed, and a constable seized the tenant's personal belongings, which were removed and taken to a storage facility. The tenant later sued the landlord alleging wrongful eviction, conversion, and intentional infliction of emotional distress. The trial court granted summary judgment in favor of the landlord. We affirm. 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 In the Matter of A.A.L. (Tex.App.- Houston [14th Dist.] Mar. 8, 2007)(Justice Frost) Skadden v. Alfonso (Tex.App.- Houston [14th Dist.] Mar. 6, 2007,pet. filed)(Justice Frost) Michael James Skadden v. Ana Maria Tarquis Alfonso (Tex.App.- Houston [14th Dist.] Mar. 6, 2007)(Justice Frost) Homeowners Lose in Suit Against Insurer - Failed to Prove Mold Damage was Caused by a Covered Peril; Policy Did Not Cover Mold Damage Caused by Leaky Roof; plaintiffs failed to segregate damages by source. Kelly v. Traverlers Lloyds of Texas Ins. Co. (Tex.App.- Houston [14th Dist.] Feb. 27, 2007)(Justice Frost) [homeowner insurance law, insurance policy, coverage dispute, mold claim, water damage] AFFIRMED: Opinion by Justice Frost (Before Justices Fowler, Edelman and Frost) 14-05-00825-CV Ann Kelly and James E. Kelly v. Travelers Lloyds of Texas Insurance Company Appeal from 190th District Court of Harris County (Judge Jennifer Elrod) State loses Condemnation Appeal State of Texas v. Reina (Tex.App.- Houston [14th Dist.] Feb. 20, 2007)(Frost) [condemnation suit, eminent domain] Choice v. Gibbs (Tex.App.- Houston [14th Dist.] Feb. 13, 2007)(Justice Frost)(superseded opinion) 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 Also see --> 2008 OPINIONS BY JUSTICE KEM FROST IN CIVIL APPEALS Also see --> 2009 CIVIL APPELLATE OPINIONS BY JUSTICE FROST |