Recent Opinions by Justice Kem Frost in Civil Appeals Also see --> 2009 Civil Case Opinions by Justice Frost | 2007 Frost Opinions McCloskey v. McCloskey (Tex.App.- Houston [14th Dist.] Mar. 23, 2010)(Frost) (appeal from garnishment order, subsequent appeal, divorce and SAPCR case, characterization of attorney's fees as child support in divorce case, bankruptcy stay) In seven issues, Chris, the garnishment debtor, contends that (1) the trial court abused its discretion by not complying with the mandate of the appellate court, (2) the garnishment action violated the automatic bankruptcy stay, (3) the garnishment action is improper because it is the second action for the same fees, (4) the manner in which Chris’s assets were taken from two separate- property accounts was improper, (5) this court should stay execution of judgment until this court “rules on the characterization of attorney fees as child support,”(6) Chris was improperly divested of his assets, and (7) the judgment is manifestly unjust. We affirm. AFFIRMED: Opinion by Justice Frost Before Justices Brock Yates, Frost and Brown 14-08-00365-CV Christopher J. McCloskey v. Anne Miriam McCloskey, Michael A. Craig, and Fidelity Investments D/B/A National Financial Services, L.L.C. Appeal from 387th District Court of Fort Bend County Trial Court Judge: Robert J. Kern Allday Dental v. The Dental Solution (Tex.App. - Houston [14th Dist.] Feb. 25, 2010)(Frost) (contract dispute over placement fees, argument that contract is illegal and thus unenforceable rejected) AFFIRMED: Opinion by Justice Frost Before Justices Brock Yates, Frost and Brown 14-08-00746-CV Allday Dental & Amar Al-Kutob v. The Dental Solution Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Roberta Anne Lloyd Teel v. Shifflett (Tex.App.- Houston [14th Dist.] Feb. 23, 2010)(Frost) (protective order against ex-girlfriend, same household finding affirmed, constitutional challenge not properly presented, intimate partner finding not supported by the pleadings or tried by consent) This is an appeal from a protective order entered against a man’s former girlfriend after the trial court determined that the former girlfriend committed family violence against him and was likely to commit family violence in the future. In four issues, the former girlfriend challenges (1) the constitutionality of the statute under which the protective order was issued, (2) a recitation in the judgment that the parties were “intimate partners” pursuant to 18 U.S.C. §§ 922(g)(8) & 921(a)(32), (3) the legal and factual sufficiency of the evidence to support a finding that the former girlfriend was a household member, and (4) the legal and factual sufficiency of the evidence to support a finding that family violence is likely to occur in the future. We modify the judgment to delete the intimate- partners finding and we affirm the trial court’s judgment as modified. AFFIRMED AS MODIFIED: Opinion by Justice Frost Before Justices Brock Yates, Frost and Brown 14-08-00836-CV Ashleigh Elise Teel v. Kenneth Richard Shifflett Appeal from 309th District Court of Harris County Trial Court Judge: David D. Farr Concurring Opinion by Justice Brock Yates in Teel v. Shifflett (no right to jury trial in suit for protective order under family code) Royal v. Harris County Constable (Tex.App.- Houston [14th Dist.] Feb. 23, 2010)(Frost) (official immunity defense asserted in high-speed chase collision PI suit, TTCA no waiver of governmental unit's immunity to suit when officer establishes official immunity defense) AFFIRMED: Opinion by Justice Frost Before Justices Hudson, Frost and Brown 14-08-00551-CV Mary Royal and Ira Royal, Jr., Individually and As Next Friends of Ira Royal, III v. Harris County; Harris County Constable Appeal from 190th District Court of Harris County Trial Court Judge: Patricia J Kerrigan 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 |