Recent Opinions by Justice Kem Frost in Civil Appeals Also see --> 2009 Civil Case Opinions by Justice Frost | 2007 Frost Opinions Hughes v. Bay Area Montessori Houston, Inc. (Tex.App. - Houston [14th Dist.] Dec. 31, 2009)(Frost) (interlocutory appeal, professional malpractice suit) This interlocutory appeal arises out of an architecture-malpractice case. An architect and architectural firm sought dismissal of a school’s claims against them on the basis that the school claimant failed to comply with the certificate- of-merit statute. The trial court denied their motion to dismiss without stating the basis for the denial. In a single issue, the architect and architectural firm assert that the trial court incorrectly applied section 150.002 of the Texas Civil Practice and Remedies Code because the affidavit filed by the school allegedly did not contain a mandatory element. Because the school’s cause of action accrued before the legislature amended the certificate-of-merit statute to permit an interlocutory appeal from the denial of a motion to dismiss, this court lacks jurisdiction to consider this appeal. DISMISSED: Opinion by Justice Frost Before Justices Brock Yates, Frost and Brown 14-09-00410-CV Brad Hughes and Bay Architects, Inc. ("BAI") v. Bay Area Montessori House, Inc. Appeal from 295th District Court of Harris County Trial Court Judge: Tracy Kee Christopher Christopher Columbus Street Market LLC v. The Zoning Board of Adjustment of The City of Galveston, Texas (Tex. App.- Houston [14th Dist.] Nov. 13, 2009)(Frost) (zoning board appeal, severance) Property owners appeal the district court’s order affirming the decision of a municipal zoning board to uphold a decision by a city administrative agency to deny the property owners’ application for a city permit to demolish property in a historical area of the city. The property owners also challenge the district court’s severance of their constitutional claims against the city and zoning board from the appeal of the zoning board’s decision. We affirm. AFFIRMED: Opinion by Justice Kem T. Frost Before Justices Brock Yates, Frost and Brown 14-07-00980-CV Christopher Columbus Street Market LLC; Alfio Fischera; and Ed Eubanks v. The Zoning Board of Adjustment of The City of Galveston, Texas Appeal from 56th District Court of Galveston County Trial Court Judge: Lonnie Cox Mattox v. County Commissioner's Court-Grimes Cty. (Tex.App.- Houston [14th Dist.] Oct. 29, 2009)(Hedges) (mandamus against public official, commissioner's court) (cancellation of a roadway dedication, interpretation of section 232.008 of the Texas Local Government Code, which governs cancellation of all or part of a subdivision located outside of any municipality)(both parties' motions for summary judgment denied) REVERSED AND REMANDED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00193-CV Gregory R. Mattox and Barbara Wilkerson v. County Commissioners' Court-Grimes County, Betty Shiflett-Grimes County Judge, John Bertling-County Commissioner Pct 1., and Pam Finke-County Commissioner Pct 4 Appeal from 506th Judicial District Court of County Trial Court Judge: Albert M McCaig Jr. Dissenting Opinion by Justice Frost in Mattox v. County Commissioners' Court of Grimes County Sharma v. Routh (Tex.App.- Houston [14th Dist.] Oct. 8, 2009)(Frost) (community vs separate property, marital, family trust income) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Frost Before Chief Justice Hedges, Justices Frost and Guzman 14-06-00717-CV Timothy L. Sharma v. Lisa C. Routh Appeal from 246th District Court of Harris County Trial Court Judge: Jim York Also see --> 2009 OPINIONS BY JUSTICE KEM FROST IN CIVIL APPEALS Justice Kem Thompson Frost issued 158 opinions in civil and criminal cases in Fiscal Year 2008-2009. Of these 70 were unsigned per curiam opinions, 66 were signed opinions on the merits, and 22 were other opinions. Justice Frost is the most frequent dissenter on the Fourteenth Court of Appeals, with a total of 8 of 11 dissenting opinions delivered that year, and 12 of a total of 25 concurring opinions. Also see --> 2008 OPINIONS BY JUSTICE KEM FROST IN CIVIL APPEALS Also see --> 2007 CIVIL APPELLATE OPINIONS BY JUSTICE FROST |


| Appellate Opinions by Justice Kem Thompson Frost (Tex.App.- Houston [14th Dist.] 2010) Houston Opinions |