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 |
| Appellate Opinions by Justice Eva M. Guzman (Tex.App.- Houston [14th Dist.] 2009) Houston Opinions |