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)
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)
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

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.
Future Seat of the Houston Court of Appeals Old Harris County Civil Courthouse
1st and 14th Court of Appeals

Justice Alcala, Elsa
Justice Anderson, John
Justice Bland, Jane
Justice Brown, Jeff
Justice Boyce, William (Bill)  
Justice Christopher, Tracy
Justice Edelman, Richard (former)
Justice Fowler, Wanda (former)
Justice Frost, Kem Thompson
Justice Guzman, Eva
Justice Hanks, George C., Jr.
Chief Justice Hedges, Adele
Justice Higley, Laura Carter
Justice Hudson, Harvey J. (former)
Justice Jennings, Terry
Justice Keyes, Evelyn
Justice Massengale, Michael
Justice Nuchia, Sam (former)
Chief Justice Radack, Sherry
Justice Seymore, Charles
Justice Sharp, Jim
Justice Sullivan, Kent
Justice Taft, Timothy (Tim)(former)
Justice Yates, Leslie Brock

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Appellate Opinions by Justice Kem Thompson Frost
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