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 |
| Election Contest for this Appellate Bench in 2008: Kem Frost vs. Martin Siegel Justice Kem T. Frost holds Place 7 on the 14th Court of Appeals and is seeking re-election in 2008. Her Democratic opponent in the campaign to keep her position on the appellate bench is Martin J. Siegel (D). Click on candidate names above to go to their respective web sites. ELECTION UPDATE: Republican Incumbent Frost narrowly beat Democratic Challenger Siegel Frost was born in 1958. She is a graduate of UT and received her JD from Texas Tech in 1983. Attorney Kem Thompson Frost practiced civil and appellate law prior to becoming a judge. Frost first joined the court in 1999 as a Bush appointee. Judge Frost is an independent thinker and does not shy away from openly disagreeing with her colleagues, as seen in a comparatively large number of concurring and dissenting opinions. Frost delivered eight concurrences and five dissents in Fiscal Year 2007, the largest number of separate opinions among all member of the First Court of Appeals. See --> Photo and biography of Justice Kem Frost on court web site Find more judge and court information on the houston-opinions.com home page Texas Judicial Campaigns |
| Opinions by Houston Court of Appeals Justice Kem Thompson Frost Houston Opinions |
2008 OPINIONS BY JUSTICE KEM FROST IN CIVIL APPEALS Also see --> 2009 Civil Appellate Opinions by Justice Frost | 2007 Frost Opinions The Travis Law Firm v. Woodson Wholesale (Tex.App.- Houston [14th Dist.] Oct. 21, 2008)(Frost) (attorney's fees litigation, small amount of damages recovered, excessive attorney fee demand denied) AFFIRMED: Opinion by Justice Frost Before Justices Frost, Seymore and Brown 14-07-00204-CV The Travis Law Firm, A Professional Corporation v. Woodson Wholesale Inc. Appeal from Co Civil Ct at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle In re Memorial Hermann Healthcare System (Tex.App.- Houston [14th Dist.] Oct. 9, 2008)(Hedges) (discovery mandamus denied, privilege, anti-trust litigation) MOTION OR WRIT DENIED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Hudson and Frost 14-08-00204-CV In Re Memorial Hermann Healthcare System and Memorial Hermann Hospital System Appeal from 61st District Court of Harris County Trial Court Judge: Hon. John Donovan Concurring Opinion by Justice Frost In Re Hicks (Tex.App. - Houston [14th Dist.] Sep. 25, 2008)(Dissent on en banc motion by Frost) (discovery disputes, privilege) DISSENTING: Dissenting Opinion by Justice Frost Before Chief Justice Hedges, Justices Brock Yates, Anderson, Guzman, Brown and Boyce 14-07-00590-CV In Re: Michael Hicks and Jerry Fazio Appeal from 155th District Court of Austin County Trial Court Judge: Judge Daniel R. Beck GP II Energy, Inc. v. Chamberlain, Hrdlicka, White, WIlliams & Martin (Tex.App.- Houston [1st Dist.] Aug. 26, 2008) (Frost)(fraud, breach of fiduciary duty, escrow agent, non-disclosure) AFFIRMED: Opinion by Justice Frost Before Justices Fowler, Frost and Seymore 14-07-00237-CV GP II Energy, Inc., George Mitchell, II and Brian M. Sirgo v. Chamberlain, Hrdlicka, White, Williams & Martin, and Brian L. Gennity Appeal from 55th District Court of Harris County Trial Court Judge: Justice Jeff Brown In Re Kenefick (Tex.App.- Houston [14th Dist.] Aug. 19, 2008)(Seymore) (mandamus in family court case, clarification order determined to be void, motion to compel) GRANTED IN PART AND DENIED IN PART: Opinion by Justice Charles Seymore Before Justices Fowler, Frost and Seymore 14-08-00203-CV In Re Brian Kenefick Appeal from 308th District Court of Harris County We conditionally grant the petition for a writ of mandamus with respect to the clarification order and direct the trial court to vacate its February 14, 2008 clarification order. We deny the petition for writ of mandamus, without prejudice, with respect to the order granting the motion to compel. Trial Court Judge: Judge Georgia Dempster Concurring Opinion by Justice Frost in In Re Kenefick (re: clarification order) State of Texas v. Clear Channel Outdoor (Tex.App.- Houston [14th Dist.] July 31, 2008)(Frost) (eminent domain, inverse condemnation, plea to the jurisdiction overruled) AFFIRMED: Opinion by Justice Frost Before Justices Fowler, Frost and Seymore 14-07-00369-CV The State of Texas v. Clear Channel Outdoor, Inc. Appeal from County Civil Court at Law No 3 of Harris County Trial Court Judge: Ed Landry Moutasse and Pacha v. Casey (Tex.App.- Houston [14th Dist.] July 22, 2008)(Frost) (HCLC, ILA) (In this interlocutory appeal, a gastroenterologist appeals the trial court's denial of his motion to dismiss health-care-liability claims for plaintiffs' failure to file an expert report in compliance with section 74.351 of the Texas Civil Practice and Remedies Code. The court affirms.) AFFIRMED: Opinion by Justice Frost Before Justices Frost, Seymore and Guzman 14-07-00150-CV Ahmad Moutasse, Rajar Pacha, M.D., Individually and d/b/a Moutassem Rajar Pacha, M.D., P. A. v. Gretchen Casey, Individually and a/n/f of John Conner Casey and Cullen Patrick Casey, Minor Surviving Children of Kevin John Casey; Gretchen Casey, as Personal Representative of the Estate of Kevin John Casey; and John Casey and Joan Casey Appeal from 11th District Court of Harris County (Judge Mark Davidson) In re Kevin J. Smith (Tex.App.- Houston [14th Dist.] July 3, 2008)(Frost) (SAPCR, mandamus petition to set aside grandparent access order denied) MOTION OR WRIT DENIED: Opinion by Justice Frost Before Price, Justices Frost and Seymore 14-08-00164-CV In Re Kevin John Smith and Debbie Stanley Smith Appeal from 314th District Court of Harris County Trial Court Judge: John Phillips Hofstatter v. General Interior Construction, Inc. (Tex.App.- Houston [14th Dist.] July 3, 2008)(Hedges) (special appearance denied) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Frost 14-07-00270-CV Dan Kelly and Laura Hofstatter v. General Interior Construction, Inc. Appeal from 125th District Court of Harris County Trial Court Judge: John A. Coselli Dissenting Opinion by Justice Frost In the Interest of TDN (Tex.App.- Houston [14th Dist] June 26, 2008)(Frost) (termination of parental rights, oral motion for continuance deficient, error not preserved) AFFIRMED: Opinion by Justice Frost Before Justices Fowler, Frost and Seymore 14-07-00387-CV In the Interest of T.D.N. Appeal from 313th District Court of Harris County | Trial Court Judge: Patrick Scott Shelton Concurring Opinion by Justice Seymore McInnis v. Mallia (Tex.App.- Houston [14th Dist.] June 17, 2008)(Corrected majority opinion by Frost) (malpractice suit, no-evidence motion for summary judgment, no adequate opportunity to conduct discovery) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Fowler, Frost and Seymore 14-06-00354-CV Janine Charboneau McInnis, D.V.M. v. Michael Mallia, J.D., The Mallia Law Firm, P.C., Tommy Hastings, J.D. Appeal from 281st District Court of Harris County Trial Court Judge: David J. Bernal Dissenting Opinion by Justice Seymore (adequate discovery) McInnis, D.V.M. v. Michael Mallia, J.D., (Tex.App.- Houston [14th Dist.] June 10, 2008)(Frost) (legal malpractice) (no- evidence summary judgment reversed on ground of insufficient time for discovery) (cases with dissents) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Fowler, Frost and Seymore 14-06-00354-CV Janine Charboneau McInnis, D.V.M. v. Michael Mallia, J.D., The Mallia Law Firm, P.C., Tommy Hastings, J.D. Appeal from 281st District Court of Harris County | Trial Court Judge: David J. Bernal DISSENTING: Dissenting Opinion by Justice Seymore Strouse v. City of Houston (Tex.App.- Houston [14th Dist.] May 29, 2008)(Frost) (public employment, police discipline, suspension, grievance) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Fowler, Frost and Seymore 14-06-00618-CV Darrell H. Strouse v. City of Houston and Harold L. Hurtt, in His Official Capacity as Chief of Police of the Houston Police Department Appeal from 164th District Court of Harris County Trial Court Judge: Martha Hill Jamison San Jacinto Methodist Hospital v. Bennett (Tex.App.- Houston [14th Dist.] May 29, 2008)(Frost) (HCLC, expert report sufficient, denial of motion to dismiss affirmed) AFFIRMED: Opinion by Justice Frost Before Chief Justice Hedges, Justice Frost, Senior Justice Murphy 14-07-00639-CV San Jacinto Methodist Hospital and New Triumph Healthcare of Texas, LLC d/b/a Triumph Hospital East Houston v. Eric Bennett, Individually and as Representative of the Estate of Mary Jane Taylor, Deceased-- Appeal from 165th District Court of Harris County Trial Court Judge: Kathleen S. Stone Attorneys: Iain Gordon Simpson, Oscar Luis Delarosa | Jack Edward Little, Jr., Paula Elliott | Charles C. Brennig III, Callie Elizabeth Murphy Clear Lake City Water Authority v. Friendswood Development Co., Ltd (Tex.App.- Houston [14th Dist.] May 22, 2008)(Superseding opinion on rehearing by Frost) (governmental entities, immunity waived) AFFIRMED: Opinion by Justice Frost Before Justices Anderson, Fowler and Frost 14-07-00096-CV Clear Lake City Water Authority v. Friendswood Development Company, Ltd. Appeal from 281st District Court of Harris County Trial Court Judge: David J. Bernal Hernandez v. Atieh (Tex.App.- Houston [14th Dist.] May 20, 2008)(Frost) (auto accident law, negligence, jury trial) AFFIRMED: Opinion by Justice Frost 14-06-00582-CV Juan Jose Hernandez v. Adbedlsalam Atieh Appeal from 190th District Court of Harris County Trial Court Judge: Jennifer Elrod Walker Environmental Procedures, Inc. v. Guidry (Tex.App.- Houston [14th Dist.] Apr. 17, 2008)(Frost) (insurance law, broker, nondisclosure order void) AFFIRMED IN PART DISMISSED IN PART: Opinion by Justice Frost Before Justices Frost, Seymore and Guzman 14-05-01090-CV Environmental Procedures, Inc. and Advanced Wirecloth, Inc. v. George E. Guidry, Dwight W. Andrus, III, Dwight W. Andrus Insurance, Inc., and Lexington Insurance Co. Appeal from 164th District Court of Harris County Trial Court Judge: Martha Hill Jamison Concurring and Dissenting Opinion by Justice Guzman Harris County Flood Control District v. Roberts (Tex.App.- Houston [14th Dist.] Apr. 3, 2008)(Frost) (eminent domain, condemnation, billboard, leasehold interest, compensation, 5th Amendment) AFFIRMED: Opinion by Justice Frost 14-06-00696-CV Harris County Flood Control District v. Roger Roberts, City of Houston, Jessie R. Lay and Unknown Oners, State of Texas, American Residential Service, Inc., Leasecomm Corporation, Abbott Laboratories, Inc., Harris County, Texas, Houston Community College System, Houston Independent School District Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Judge Gary Michael Block 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 Aspen Technology, Inc. v. Shasha (Tex.App.- Houston [1st Dist.] Mar. 27, 2008)(Frost) (interlocutory appeals dismissed, arbitration mandamus granted) DISMISSED: Opinion by Justice Frost 14-07-00303-CV Aspen Technology, Inc. v. Abe Shasha Appeal from 165th District Court of Harris County Trial Court Judge: Hon. Elizabeth Ray In re Aspen Technology, Inc. (Tex.App.- Houston [1st Dist.] Mar. 27, 2008)(Frost) (arbitration mandamus granted) MOTION OR WRIT GRANTED: Opinion by Justice Frost 14-07-00469-CV In Re Aspen Technology, Inc. Appeal from 165th District Court of Harris County Trial Court Judge: Judge Elizabeth Ray City of Houston v. Clark (Tex.App.- Houston [14th Dist.] Mar. 18, 2008)(Majority Opinion by Frost) (firefighter litigation, disciplinary actions, no judicial review of merits of independent hearing examiner's decision, immunity plea, lack of trial court jurisdiction over dispute)(appellate panel opinion with concurrence) AFFIRMED IN PART DISMISSED IN PART: Opinion by Justice Frost 14-03-00399-CV The City of Houston v. Donald Clark Appeal from 333rd District Court of Harris County Trial Court Judge: Hon. Joseph J. Halbach Concurring Opinion by Justice Edelman In City of Houston v. Clark (2008) Cedyco Corp. v. Tubbs (Tex.App.- Houston [1st Dist.] Mar. 13, 2008)(Frost) (writ of execution, trial court's temporary injunction vacated, no jurisdiction) REVERSED AND REMANDED: Opinion by Justice Frost 14-07-00399-CV Cedyco Corporation v. Carolyn Tubbs Appeal from 280th District Court of Harris County Trial court judge: Honorable Tony Lindsay Graybar Electric Co., Inc. v. Lem & Associates, LLC (Tex.App.- Houston [14th Dist.] Mar. 6, 2008) (Frost) (commercial law, breach of contract, counterclaim, attorney's fees) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Anderson, Frost and Mirabal 14-06-00714-CV Graybar Electric Co., Inc. v. Lem & Associates, L.L.C Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) Concurring and Dissenting Opinion by Justice Mirabal in Graybar In re Akin Gump Strauss Hauer & Feld LLP (Tex.App.- Houston [14th Dist.] Feb. 21, 2008)(Frost) (Client-attorney fee dispute, intellectual property) MOTION OR WRIT DENIED: Opinion by Justice Frost Before Justices Anderson, Fowler and Frost 14-07-00402-CV In Re: Akin Gump Strauss Hauer & Feld LLP, Et Al Appeal from 11th District Court of Harris County (Judge Mark Davidson) Justice Frost follows Supreme Court in holding that water district is immune from suit regardless of merits Clear Lake City Water Authority v. Friendswood (Tex.App.- Houston [14th Dist.] Feb. 12, 2008)(Frost) (jurisdictional dismissal, governmental immunity, breach of contract, Tooke progeny) REVERSED AND RENDERED: Opinion by Justice Frost Before Justices Anderson, Fowler and Frost 14-07-00096-CV Clear Lake City Water Authority v. Friendswood Development Company, Ltd. Appeal from 281st District Court of Harris County (Judge David J. Bernal) WesternGeco, LLC v. Input/Output (Tex.App.- Houston [14th Dist.] Jan. 24, 2008)(Frost)(settlement agreement) AFFIRMED IN PART/REVERSED AND RENDERED: Opinion by Justice Frost Before Justices Frost, Seymore and Guzman WesternGeco, L.L.C. and Schlumberger Technology Corporation v. Input/Output, Inc. Appeal from 164th District Court of Harris County (Judge Martha Hill Jamison) Concurring opinion by Justice Guzman Chrismon v. Brown (Tex.App.- Houston [14th Dist.] Jan. 10, 2008)(Supplemental majority opinion by Frost) (vicarious liability, summary judgment) 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 (Sharolyn P. Wood) Separate Concurring and Dissenting Opinions by Justice Kem Thompson Frost Justice Frost dissents on venue issue Cantu v. Grossman (Tex.App.- Houston [14th Dist.] Jan. 29, 2008)(Seymore)(venue law, foreign judgment, motion to transfer venue, MTV) REVERSED AND REMANDED: Opinion by Justice Seymore Before Justices Frost, Seymore and Guzman 14-06-00078-CV Mark A. Cantu v. Howard S. Grossman, P.A. Appeal from 215th District Court of Harris County Dissenting Opinion by Justice Frost 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) 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) Wilson-Everett v. Christus St. Joseph (Tex.App.- Houston [1st Dist.] Nov. 29, 2007)(Edelman) (HCLC, 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) Mallios v. Standard Ins. Co. (Tex.App.- Houston [14th Dist.] Aug. 30, 2007)(Mirabal)(limitations, res judicaca, collateral estoppel) AFFIRMED: Opinion by Justice Mirabal Before Judge Amidei, Justices Anderson, Frost and Mirabal 14-06-00294-CV Chris Mallios v. Standard Insurance Company, Et Al Appeal from 122nd District Court of Galveston County (Hon. John A. Ellisor JR.) CONCURRING/DISSENTING: Concurring and Dissenting Opinion by Justice Frost (appellate sanctions) Before Justices Anderson, Frost and Mirabal 14-06-00294-CV Chris Mallios v. Standard Insurance Company, Et Al Appeal from 122nd District Court of Galveston County (Judge John A. Ellisor Jr.) 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 GE Capital Corp. v. ICO, Inc. (Tex.App.- Houston [14th Dist.] Jun. 12, 2007)(Fowler) [garnishment wages, findings of fact, conclusions of law, 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 Justice Frost Criticizes Peers For Not Addressing Conflict Among Panels of the Court In the Interest of J.A.J. (Tex.App. - Houston [14th Dist.] May 10, 2007)(Frost)(termination of parental rights) 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) En banc review of this case is necessary to secure and maintain the uniformity of this court's decisions. Sturm v. Muens (Tex.App.- Houston [14th Dist.] Mar. 8, 2007)(Justice Edelman) Justice Frost dissented in Sturm v. Muens (Tex.App.- Houston [14th Dist.] Mar. 8, 2007)(Dissent by Justice Frost) CoTemp, Inc. v. Houston West Corp. (Tex.App.- Houston [14th Dist.] Feb. 13, 2007)(Justice Seymore) [employment law, negligent retention claim] Justice Frost Concurred in CoTemp, Inc. v. Houston West Corp (Tex.App.- Houston [14th Dist.] Feb. 13, 2007) (concurrence by Justice Frost) While I join the court's judgment, I write separately to emphasize the significance of the trial court's negligent- retention question, which must be the basis of this court's legal and factual sufficiency analysis, and to point out that appellant CoTemp, Inc. did not preserve error in the trial court regarding its appellate complaint that only damages for physical injuries can be recovered under appellee Houston West Corp.'s negligent-retention claim. Harveston Securities Inc. v. Narnia Investments LTC (Tex.App.- Houston [14th Dist.] Jan. 11, 2007)(Justice Frost) Harveston Securities Inc. v. Narnia Investments (Tex.App.- Houston [14th Dist.] Jan. 11, 2007)(Dissent by Justice Edelman) Justice Frost Dissents in Auto Breach of Lease Case/DTPA case Tello v. Bank One, NA (Tex.App.- Houston [14th Dist.] Jan. 9, 2007)(Seymore)(auto lease, DTPA) [vehicle lease, breach of contract, fraud, DTPA] AFFIRMED: Opinion by Justice Seymore (Before Justices Hudson, Frost and Seymore) 14-04-00888-CV Pablo Tello v. Bank One, N.A.: Banc One Texas Leasing Corp Appeal from County Civil Court at Law No 2 of Harris County (Judge Gary Michael Block) Dissenting Opinion by Justice Frost Opinions by Justice Frost 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 --> 2009 OPINIONS BY JUSTICE KEM FROST IN CIVIL APPEALS Also see --> 2007 CIVIL APPELLATE OPINIONS BY JUSTICE FROST |
