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 successfully sought re-election in 2008. Her Democratic opponent in the campaign to keep her position on the appellate bench was Martin J. Siegel (D). Click on candidate names above to go to their respective web sites. ELECTION RESULT: Republican Incumbent Frost narrowly beat Democratic Challenger Siegel Justice Kem 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. In Fiscal Year 2007 Frost delivered eight concurrences and five dissents, 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 |
RECENT OPINIONS BY JUSTICE KEM FROST IN CIVIL APPEALS FIA Card Services, NA f/k/a MBNA America Bank, NA v. Horn (Tex.App.- Houston [14th Dist.] Jun. 23, 2009)(Frost) (suit to confirm arb award under FAA permitted in county court at law, invocation of FAA not jurisdictionally barred) Decision: TRIAL COURT REVERSED AND CASE REMANDED: Opinion by Justice Frost Panel members: Justices Frost, Brown and Boyce 14-08-00024-CV FIA Card Services, N.A. fka MBNA America Bank, N.A. v. Valicia M. Horn Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: Hon. Jack Cagle FIA Card Srv's v. Sweet (Tex.App.- Houston [14th Dist.] Jun. 23, 2009)(Frost) (card issuer may seek confirmation of arbitration award entered under FAA in state (county) court) Decision: TRIAL COURT REVERSED AND CASE REMANDED: Opinion by Justice Frost Panel members: Justices Frost, Brown and Boyce 14-08-00111-CV FIA Card Services, Et Al v. Gregory R. Sweet Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle Gammill v. Fettner (Tex.App.- Houston [14th Dist.] Jun. 16, 2009)(Frost) (probate court district court concurrent jurisdiction) AFFIRMED: Opinion by Justice Kem Frost Before Justices Frost, Brown and Boyce 14-07-00705-CV Cecil Gammill, Jr. and Jaime Martinez v. David A. Fettner, Trustee of The Gammill Family Trust, John Gammill, Kathleen Bungard, Laura Gammill, Janice Phillips, and Daniel Gammill Appeal from 190th District Court of Harris County Trial Court Judge: Jennifer Elrod Walker Gammill v. Gammill (Tex.App.- Houston [14th Dist.] Jun. 16, 2009)(Frost)(probate court had jurisdiction) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Frost, Brown and Boyce 14-07-01013-CV Cecil Gammill, Jr. v. John Gammill, Daniel Gammill, Kethleen Gammill Bungard, Janice Marie Gammill, Laure May Gammill, The Estate of Jackie Marie Gammill, and the Gammill Family Trust Appeal from Probate Court No 2 of Harris County Trial Court Judge: Michael James Wood Palisades Acquisition XVI,LLC v. Chatman (Tex.App.- Houston [14th Dist.] Jun. 16, 2009)(Frost) (suit to confirm arbitration award under FAA erroneously dismissed by trial court) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Frost, Brown and Boyce 14-08-00108-CV Palisades Acquisition XVI, LLC v. Howard Chatman Attorney for Appellant: Michael J. Adams Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle Texas Mutual Ins.Co. v. Morris (Tex.App.- Houston [14th Dist.] Jun. 4, 2009)(Opinion on rehearing by Frost) (bad-faith claim in worker's comp case) (loss of credit reputation requirements for proof) AFFIRMED AS MODIFIED IN PART AND REVERSED AND REMANDED IN PART: Opinion by Justice Frost Before Justices Anderson and Frost 14-06-00651-CV Texas Mutual Insurance Company v. P. Lance Morris Appeal from 11th District Court of Harris County Trial Court Judge: Mark Davidson Harden, MD v. East Texas Medical Center Health Care Associates (Tex.App.- Houston [14th Dist.] May 19, 2009) (Frost) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Frost, Brown and Boyce 14-08-00627-CV Samuel Harden, M.D. v. East Texas Medical Center Health Care Associates Appeal from County Court at Law No 1 of Smith County Trial Court Judge: Judge Thomas A. Dunn Cooper v. TDCJ (Tex.App.- Houston [14th Dist.] May 12, 2009)(Frost) (prisoner inmate IFP suit dismissal with prejudice affirmed) AFFIRMED: Opinion by Justice Frost Before Justices Frost, Brown and Boyce 14-07-00741-CV Steven P. Cooper v. Texas Department of Criminal Justice Et Al Appeal from 412th District Court of Brazoria County Trial Court Judge: W. Edwin Denman Gerdes v. Fogler (Tex.App. - Houston [14th Dist.] May 7, 2009)(Frost) (judgment debtor's civil lawsuit against the judgment creditor and the attorney who represented the judgment creditor for abuse of process, false imprisonment, and malicious prosecution) AFFIRMED: Opinion by Justice Frost Before Justices Frost, Brown and Boyce 14-07-01020-CV Roger Gerdes v. Murray Fogler, Individually, McDade Fogler, LLP, and John Kennamer, Individually--Appeal from 333rd District Court of Harris County Trial Court Judge: Joseph J. (Tad) Halbach In Interest of RCT, LJT, CLT (Tex.App.- Houston [14th Dist.] Apr. 7, 2009)(Frost) (child support lien by operation of law, definition of arrearage, federal tax intercept) AFFIRMED AS MODIFIED: Opinion by Justice Frost Before Justices Anderson, Hudson and Frost 14-07-00642-CV In Interest of R.C.T., L.J.T., C.L.T. Appeal from 311th District Court of Harris County Trial Court Judge: Douglas C. Warne Richard v. Dretke (Tex.App.- Houston [14th Dist.] Apr. 7, 2009)(Frost) (pro se litigants, IFP prisoner inmate suit dismissal, frivolous finding) AFFIRMED: Opinion by Justice Frost Before Justices Frost, Brown and Boyce) 14-08-00714-CV Anthony Joseph Richard v. Douglas Dretke, Et Al. Appeal from 349th District Court of Houston County In Interest of CAB (Tex.App.- Houston [14th Dist.] Apr. 2, 2009)(Frost)(termination of parental rights) AFFIRMED: Opinion by Justice Frost AFFIRMED: Opinion by Justice Frost Before Justices Frost, Brown and Boyce 14-08-00360-CV In the Interest of C.A.B Trial Court Judge: John Phillips Borrell v. Vital Weight Control, Inc. (Tex.App.- Houston [14th Dist.] Mar. 26, 2009)(Frost) (no quantum meruit claim where express contract covers claim) AFFIRMED: Opinion by Justice Frost Before Justices Frost, Seymore and Guzman 14-07-00390-CV Leo Borrell v. Vital Weight Control, Inc., d/b/a Neweigh Appeal from 129th District Court of Harris County Trial Court Judge: Samuel Grant Dorfman American Housing Foundation v. HCAD (Tex.App.- Houston [14th Dist.] Mar. 19, 2009)(Frost) (charitable organization property tax exemption dispute, statutory construction) AFFIRMED: Opinion by Justice Frost Before Justices Anderson, Hudson and Frost) 14-07-00990-CV American Housing Foundation and Brandywood Housing, LTD v. Harris County Appraisal District Appeal from 190th District Court of Harris County Trial Court Judge: Jennifer Elrod Walker Feng v. Sabic Americas, Inc. (Tex.App.- Houston [14th Dist.] Mar. 17, 2009)(Frost)(employment law, retaliation claim, but-for causation, pretext) AFFIRMED: Opinion by Justice Frost Before Justices Anderson, Hudson and Frost 14-07-00699-CV Yiqing Feng v. Sabic Americas, Inc. Appeal from 61st District Court of Harris County Horizon Offshore Contractors, Inc. v. Aon Risk Services of Texas, Inc. (Tex. App. – Houston [14th Dist.] Mar. 12, 2009)(Frost) (breach of fiduciary duty, election of remedies, judicial estoppel) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Frost Before Justices Frost, Seymore and Guzman 14-07-00549-CV Horizon Offshore Contractors, Inc. and Horizon Vessels, Inc. v. Aon Risk Services of Texas, Inc., Appeal from 55th District Court of Harris County Trial Court Judge: Justice Jeffrey V. Brown Davis Investments, VI, LP v. Holtgraves (Tex.App. - Houston [14th Dist.] Feb. 26, 2009)(Frost) (interlocutory appeal and cross-appeal, orders sustaining special appearances) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Frost Before Justices Anderson, Hudson and Frost) 14-08-00222-CV Davis Investments, VI, LP v. Charles A. Holtgraves, Larry J. Horbach, and Phillip J. Holtgraves--Appeal from 152nd District Court of Harris County Trial Court Judge: Kenneth Price Wise XTO Energy Inc. v. Smith Production, Inc. (Tex.App. - Houston [14th Dist.] Feb. 24, 2009)(Frost) (contract interpretation, expert witness affidavit struck) AFFIRMED: Opinion by Justice Frost Before Justices Frost, Seymore and Guzman 14-07-00069-CV XTO Energy Inc. v. Smith Production Inc. Appeal from 281st District Court of Harris County Trial Court Judge: David J. Bernal Dissenting Opinion by Justice Guzman (Tex.App. - Houston [14th Dist.] Feb. 24, 2009)(contract construction) Moneyhon v. Moneyhon (Tex.App.- Houston -14th Dist.] Feb. 12, 2009)(Frost) (judgment not supported by the pleadings, TRCP 301 judgment to conform to the pleadings, breach of fiduciary duty claim not tried by consent, pleading deficiency, constructive trust improperly imposed) REVERSED AND RENDERED: Opinion by Justice Kem Thompson Frost Before Justices Anderson, Frost and Guzman 14-06-00873-CV Brian D. Moneyhon and Cheryl Parrish-Moneyhon v. Patricia Moneyhon Appeal from 412th District Court of Brazoria County Trial Court Judge: W. Edwin Denman Bottenstein v. UTMB (Tex.App.- Houston [14th Dist.] Feb. 10, 2009)(Frost) (public employment, gender discrimination, retaliation, discovery dispute, motion for continuance) AFFIRMED: Opinion by Justice Frost Before Justices Anderson, Hudson and Frost 14-07-00747-CV Jan Bottenstein, PH. D., Individually and on behalf of Similarly Situated Female Professional Employees v. University of Texas Medical Branch at Galveston Appeal from 56th District Court of Galveston County Trial Court Judge: Lonnie Cox Speedy Stop Food Stores, Ltd v. Reid Road Municipal Utility District No. 2 (Tex.App.- Houston [14th Dist.] Feb. 3, 2009)(Frost)(condemnation case, testimony as to value of easement) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Frost, Seymore and Guzman 14-07-00225-CV Speedy Stop Food Stores, Ltd. v. Reid Road Municipal Utility District No. 2 Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Roberta Anne Lloyd Dissenting Opinion by Justice Seymore Environmental Procedures, Inc. v. Guidry (Tex.App.- Houston [14th Dist.] Feb. 3, 2009)(subst. op. by Guzman) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice 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 Frost Tara Partners, Ltd. v. City of South Houston (Tex.App.- Houston [14th Dist.] Jan. 13, 2009)(Seymore) (city governmental immunity, declaratory judgment and attorney's fees waiver of sovereign immunity) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Seymore Before Justices Frost, Seymore and Guzman 14-07-00330-CV Tara Partners, Ltd., Granada Terrace, Ltd., David R. Wise, 1606 Savannah LLC, Windsor Gardens Ltd., and Freeport Villa Brazos Apartments, Ltd. v. City of South Houston Appeal from 157th District Court of Harris County Trial Court Judge: Randy Wilson Concurring Opinion by Justice Frost Also see --> 2008 OPINIONS BY JUSTICE KEM FROST IN CIVIL APPEALS |