Oct. 8, 2009 - Gov. Rick Perry Appoints Eva Guzman to vacancy on Texas Supreme Court (click to
see press release)

2009 Opinions Written by Justice Eva Guzman in Civil Appeals
Also see --> 2008 Civil Case Opinions by Justice Guzman

OPINION PRODUCTION: Over the course of Fiscal Year 2008, which ended Aug. 31, 2009,
Justice Eva M. Guzman contributed a total of 151 opinions to the courts total output of 1,199. Of
these, 71 were signed opinions on the merits, 64 per curiam opinions, and 16 were other opinions.
Justice Guzman delivered the second-highest number of separate opinions on the court during that
time period: Seven dissents and one concurrence.

Rowan Companies, Inc. v. Wilmington Trust Co. (Tex.App.- Houston [14th Dist.] Oct. 8, 2009)(Guzman)
(federal maritime contract, offshore drilling, construct construction, loss of oil rig, appraisal procedure)
REVERSED AND REMANDED: Opinion by Justice Guzman      
Before Justices Frost, Seymore and Guzman  
14-07-00465-CV        Rowan Companies, Inc. v. Wilmington Trust Company, Not in Its Individual Capacity but
Solely as Owner Trustee of the Rowan-Halifax Jack-Up Rig, TEXTRON FINANCIAL CORPORATION, NORTH
SEA INVESTMENTS, INC., and NORTH SEA (CONNECTICUT   LP    
Appeal from 215th District Court of Harris County
Trial Court Judge: LEVI JAMES BENTON
Dissenting Opinion by Justice Frost in Rowan Companies, Inc. v. Wilmington Trust Company  

All Star Enterprise, Inc. v. Buchanan (Tex.App.- Houston [14th Dist.] Oct. 8, 2009)(Guzman)
(
wrongful death survival action, industrial accident, special appearances, general jurisdiction, specific
jurisdiction)  
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by
Justice Guzman      
Before Justices Anderson, Guzman and Boyce  
14-08-01064-CV  All Star Enterprise, Inc. (aka Bernard Well Service, Antero Resources Corporation
incorrectly named and sued as Antero Resources Corporation aka Antero Piceance Corporation, Antero
Resources Piceance Corporation and Frontier Drilling, LLC v. Erin Buchanan, Individually, as Representative
of the Estate of Joseph Buchanan, Jr., and as next friend of Christopher D. Buchanan and Taylor N.
Buchanan, Minors    
Appeal from 113th District Court of Harris County
Trial Court Judge:
Patricia Ann Hancock   

Leigh v. Kuenstler (Tex.App.- Houston [14th Dist.] Oct. 1, 2009)(Guzman)
(
DTPA, dispute about allegedly inadequate UIM insurance coverage; insurance agent's duty to procure
insurance; judgment for defendant affirmed)
AFFIRMED: Opinion by
Justice Eva Guzman   
Before Justices Anderson, Guzman and Boyce   
14-08-00245-CV Theresa Leigh v. Richard Kuenstler, Jr.   
Appeal from 55th District Court of Harris County
Trial Court Judge:
Jeff Shadwick

Ross v. Union Carbide Corp. (Tex.App.- Houston [14th Dist.] Aug. 25, 2009) (en banc opinion by Guzman)
(survivors'
asbestos claims for exemplary damages and loss of consortium barred by release signed by
worker prior to his death)
AFFIRMED: Opinion by
Justice Eva Guzman    
Before Price, Chief Justice Hedges, Justices Brock Yates, Anderson, Frost, Seymore, Guzman, Brown and
Sullivan  
14-07-00860-CV Marjorie Ross, Joan Seelback, Timothy R. Ross, James R. Ross, Billy R. Ross and Robert
R. Ross v. Union Carbide Corporation   
Appeal from 133rd District Court of Harris County
Trial Court Judge:
Lamar McCorkle
Concurring Opinion by Justice Frost in Marjorie Ross, Joan Seelback, Timothy R. Ross, James R. Ross,
Billy R. Ross and Robert R. Ross v. Union Carbide Corporation  (no point in en banc review)  
Concurring Opinion by Senior Justice Price in Marjorie Ross, Joan Seelback, Timothy R. Ross, James R.
Ross, Billy R. Ross and Robert R. Ross v. Union Carbide Corporation  (disagreeing with supreme court
precedent and reluctantly concurring)

Trial court had jurisdiciton to grant divorce from nonresident spouse, but nothing else.
Church v. Quick (Tex.App.- Houston [14th Dist.] Jul. 14, 2009)(Guzman)(restricted appeal, a nonresident
spouse)(Because the
trial court lacked personal jurisdiction over the nonresident spouse, the court of
appeals modifies the judgment to eliminate all relief other than the divorce and affirms the judgment as
modified.)
AFFIRMED AS MODIFIED: Opinion by
Justice Guzman    
Before Justices Anderson, Guzman and Boyce  
14-08-00131-CV Joyce Gail Church v. Kenneth Richard Quick  
Appeal from 246th District Court of Harris County
Trial Court
Judge: Jim York  

Jones v. Smith (Tex.App.- Houston [14th Dist.] Jul. 14, 2009)
(
real estate law: action to quiet title, not bona fide purchaser, quantum meruit cross-claim,
findings of fact and conclusions of law)
REVERSED AND REMANDED: Opinion by
Justice Guzman  
Before Justices Brock Yates, Guzman and Sullivan
14-08-00639-CV Guy Jones v. Jeanne M. Smith and Peter A. Morgenroth  
Appeal from 405TH District Court of Galveston County
Trial Court Judge: Wayne J. Mallia   

Lowe's Home Centers Inc. v. GSW Marketing, Inc. (Tex.App.- Houston [14th Dist.] Jun. 30, 2009  (op. by
Guzman) (
workplace safety, premises liability-store - falling merchandise, negligent activity and premises
liability,
premises defect, worker compensation subrogation)
AFFIRMED: Opinion by
Justice Eva Guzman    
Before Justices Brock Yates, Guzman and Sullivan  
14-07-00953-CV Lowe's Home Centers Inc & Natasha Tanner v. GSW Marketing, Inc. f/k/a Salesmaker, Inc.
d/b/a CSA Services Southwest and Snow Mountain Construction, Inc  
Appeal from 333rd District Court of Harris County
Trial Court
Judge: JOSEPH J. HALBACH

Credigy Receivables, Inc v. Mahinay (Tex.App.- Houston [14th Dist.] Jun. 30, 2009  (op. by Guzman)
(
county court had jurisdiction over suit to confirm arbitration award regardless of whether TAA or FAA
applied)(dismissal reversed)  
REVERSED AND REMANDED: Opinion by
Justice Guzman    
Before Justices Brock Yates, Guzman and Sullivan  
14-07-01091-CV Credigy Receivables, Inc v. Alexander R. Mahinay  
Appeal from County Civil Court at Law No 1 of Harris County
Trial Court
Judge: R. Jack Cagle

Cunningham Lindsey Claims Management, Inc. v. Snyder (Tex.App. - Houston [14th Dist.] Jun. 25,
2009)(Guzman) (
workers compensation dispute, judicial review suits, exhaustion of administrative remedies)
VACATED AND DISMISSED: Opinion by Justice Eva M. Guzman     
Before Justices Brock Yates, Guzman and Sullivan   
14-07-00449-CV Cunningham Lindsey Claims Management, Inc., and Glenda Higgins v. Lloyd Snyder   
Appeal from 215th District Court of Harris County
Trial Court
Judge: LEVI JAMES BENTON  

Foundation Design, Ltd. v. Barzoukas (Tex.App.- Houston [14th Dist.] Jun. 25, 2009)(Guzman)
(
mootness doctrine, motion to dismiss appeal)
DISMISSED: Opinion by
Justice Eva Guzman     
Panel members: Justices Anderson, Guzman and Boyce   
14-08-00485-CV Foundation Design, Ltd. d/b/a Larry Smith Engineering and Larry Smith v. Nicolas
Barzoukas   
Appeal from 269th District Court of Harris County
Trial Court
Judge: John Thomas Wooldridge  

Labidi, MD v. Sydow, 287 S.W.3d 922 (Tex.App.- Houston [14th Dist.] Jun. 25, 2009)(Guzman)
(
consolidation of an interlocutory appeal and a petition for writ of mandamus, challenge to district court's
order compelling arbitration and staying proceedings in the trial court fails)(unconscionabiltiy argument
rejected re
arbitration of attorney-client disputes)(public policy arguments overruled)
DISMISSED: Opinion by
Justice Eva Guzman     
Panel members: Justices Guzman, Mirabal and Boyce   
14-08-00527-CV Abdel Hakim Labidi, M.D. Ph.D. v. Michael D. Sydow, Et Al   
Appeal from
61st District Court of Harris County   

In re Labidi, MD, 287 S.W.3d 922 (Tex.App.- Houston [14th Dist.] Jun. 25, 2009)(Guzman)
MOTION OR WRIT DENIED: Opinion by
Justice Eva Guzman     
Panel members: Justices Guzman,
Mirabal and Boyce   
14-08-00757-CV In Re Abdel Hakim Labidi, M.D., PH.D.   
Appeal from 61st District Court of Harris County
Trial Court
Judge: Hon. John Donovan  

Freeman v. Freeman (Tex.App.- Houston [14th Dist.] Jun. 25, 2009)(Guzman)
Decision: TRIAL COURT'S JUDGMENT AFFIRMED: Opinion by Justice Eva Guzman     
Panel members: Justices Anderson, Guzman and Boyce   
14-08-00800-CV John Freeman v. Patrick Freeman   
Appeal from 164th District Court of Harris County
Trial Court Judge:
Martha Hill Jamison  

Newby v. Chambers (Tex.App.- Houston [1st Dist.] May 21, 2009)(Guzman)
AFFIRMED: Opinion by
Justice Guzman
Before Justices Brock Yates, Guzman and Boyce  
14-08-00338-CV Rob L. Newby v. Sam Chambers, J. Cunningham, G. Currie, M. Roesler, Shannon Kersh,
Vickie Barrow, and The State of Texas
Appeal from 1A District Court of Tyler County
Trial Court Judge: Judge Jerome Owens

Jackson v. Jackson (Tex.App.- Houston [14th Dist.] Apr. 28, 2009)(Guzman)
(
divorce property division, right to cross-exmine)
AFFIRMED: Opinion by Justice Guzman  
Before Justices Brock Yates, Guzman and Sullivan)
14-07-00917-CV Lottie Jackson v. Wilbert Jackson
Appeal from 310th District Court of Harris County

Rowan Companies, Inc. v. Wilington Trust Co. (Tex.App.- Houston [14th Dist.] Mar. 31, 2009) (Guzman)
(commercial contract dispute, appraisal value)
REVERSED AND REMANDED: Opinion by Justice Guzman   
Before Justices Frost, Seymore and Guzman
14-07-00465-CV ROWAN COMPANIES, INC. v. WILMINGTON TRUST COMPANY, Not in Its Individual
Capacity but Solely as Owner Trustee of the Rowan-Halifax Jack-Up Rig, TEXTRON FINANCIAL
CORPORATION, NORTH SEA INVESTMENTS, INC., and NORTH SEA (CONNECTICUT  LP
Appeal from 215th District Court of Harris County
Trial Court Judge: Levi James Benton
Dissenting Opinion by Justice Frost   

Newby v. Chambers (Tex.App.- Houston [14th Dist.] Mar. 31 2009)
(
inmate litigation, pro se suit, vexatious litigants)
AFFIRMED: Opinion by
Justice Guzman   
Before Justices Brock Yates, Guzman and Boyce
14-08-00338-CV Rob L. Newby v. Sam Chambers, J. Cunningham, G. Currie, M. Roesler, Shannon Kersh,
Vickie Barrow, and The State of Texas
Appeal from 1A District Court of Tyler County
Trial Court Judge: Judge Jerome Owens

Waterways on the Intercoastal, Ltd v. State of Texas (Tex.App. - Houston [14th Dist.] Feb. 26, 2009)
(Guzman) (
condemnation case)
AFFIRMED: Opinion by
Justice Guzman  
Before Chief Justice Hedges, Justices Guzman and Brown
14-07-00853-CV  Waterways on the Intercoastal, Ltd., a/k/a/ Waterways on the Intracoastal, LTD v.
The State of Texas
Appeal from County Court No. 3 of Galveston County
Trial Court Judge:  Roy M. Quintanilla

Saade MD v. Villarreal (Tex.App. - Houston [14th Dist.] Feb. 26, 2009)(Hedges)(med-mal case, interlocutory
appeal)
AFFIRMED: Opinion by
Chief Justice Adele Hedges  
Before Chief Justice Hedges, Justices Guzman and Brown)
14-07-00926-CV        George Saade, M.D., Michael Belfort, M.D. and Rakesh Mangal, M.D. v. Mercedes
Villarreal
as Next Friend of Juan Pablo Elizondo, a Minor
Appeal from 129th District Court of Harris County
Trial Court
Judge: Samuel Grant Dorfman
Concurring Opinion by Justice Guzman  (statutory construction)

Hytken v. Schaefer Family Trust (Tex.App. - Houston [14th Dist.] Feb. 24, 2009)(Guzman)
(
nonsuit does not affect UDJA declaratory judgment counterclaims)
AFFIRMED: Opinion by Justice Guzman  
Before Justices Anderson, Frost and Guzman
14-07-00246-CV        Robert M. Hytken v. Schaefer Family Trust, Frank G. Schaefer and Noeleen J.
Schaefer, Co-Trustees
Appeal from 56th District Court of Galveston County
Trial Court Judge:  Lonnie Cox

Seymore v. Seymore (Tex.App. - Houston [14th Dist.] Feb. 24, 2009)(Guzman)
(
restricted appeal requisites, non-participation at trial, waiver of citation, appearance)
DISMISSED: Opinion by Justice Guzman  
Before Chief Justice Hedges, Justices Guzman and Brown
14-07-00280-CV  Bedrije Hajdari Seymour v. Floyd David Seymour-
Appeal from 257th District Court of Harris County
Trial Court
Judge: Judy L. Warne

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)

Sutton, MDS Ranch, LLC v. Horseshoe Hills, Ltd (Tex.App.- Houston [14th Dist.] Feb. 19, 2009)(Guzman)
(agreed settlement reversal)
VACATED AND REMANDED: Opinion by
Justice Guzman  
Before Justices Frost, Seymore and Guzman
14-07-00723-CV Mark B. Sutton, MDS Ranch, L.L.C. and Meridian Exchange Corporation, d/b/a Bee Creek
Realty v. Horseshoe Hills, Ltd., Horseshoe Holdings, L.C., and Don R. Riddle
Appeal from 234th District Court of Harris County
Trial Court
Judge: Reese Rondon  

In re Fort Bend County (Tex.App.- Houston [14th Dist.] Feb. 3, 2009)(Brown)
(
venue mandamus)
MOTION OR WRIT GRANTED: Opinion by
Justice Jeff Brown  
Before Chief Justice Hedges, Justices Guzman and Brown
14-08-00912-CV   In Re Fort Bend County
Appeal from 334th District Court of Harris County
Trial Court
Judge: Sharon McCally  
Concurring Opinion by Justice Guzman

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  


Also see --> Most Recent Civil Case Opinions by Justice Guzman
OPINION PRODUCTION: Over the course of Fiscal Year 2008, which ended Aug. 31, 2009,
Justice Eva M. Guzman contributed a total of 151 opinions to the 14th Court of Appeals' total output
of 1,199. Of these, 71 were signed opinions on the merits, 64 per curiam opinions, and 16 were
other opinions. Justice Guzman delivered the second-highest number of separate opinions on the
court during that time period: Seven dissents and one concurrence.
Also see --> 2008 Civil Case Opinions by Justice Guzman
Also see --> 2007 Civil Case Opinions by Justice Guzman

Also see --> Justice Eva Guzman as a Member of the Texas Supreme Court  
Future Seat of the Houston Court of Appeals Old Harris County Civil Courthouse
Appellate Opinions by Justice Eva M. Guzman
(Tex.App.- Houston [14th Dist.] 2009)
Houston Opinions
HOUSTON JUSTICES
1st and 14th Court of Appeals
Links to 2009 Opinions

Justice Alcala, Elsa
Justice Anderson, John
Justice Bland, Jane
Justice Brown, Jeff
Justice Boyce, William (Bill)  
Justice Christopher, Tracy (2010)
Justice Edelman, Richard (2008)
Justice Fowler, Wanda (2008)
Justice Frost, Kem Thompson
Justice Guzman, Eva
Justice Hanks, George C., Jr.
Chief Justice Hedges, Adele
Justice Higley, Laura Carter
Justice Hudson, Harvey J.
Justice Jennings, Terry
Justice Keyes, Evelyn
Justice Massengale, Michael
Justice Nuchia, Sam
Chief Justice Radack, Sherry
Justice Seymore, Charles
Justice Sharp, Jim
Justice Sullivan, Kent
Justice Taft,Timothy (Tim)
Justice Yates, Leslie Brock

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