Recent Opinions Written by Justice Eva Guzman in Civil Appeal Also see --> 2008 Civil Case Opinions by Justice Guzman 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 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 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 Saade MD v. Villarreal (Tex.App.- Houston [14th Dist.] Feb. 26, 2009)(Hedges) (med mal, interlocutory appeal) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Guzman and Brown 14-07-00736-CV George Saade, M.D., Michael Belfort, M.D., Rakesh Mangal, M.D., and Charles Moniak, M.D. v. Mercedes Villarreal, as Next of 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 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 RePipe, Inc. v. Turpin (Tex.App.- Houston [14th Dist.] Oct. 9, 2008)(Suppl. Op. by Guzman)(remittiture, punitive damages) REVERSED AND REMANDED: Opinion by Justice Eva Guzman Before Justices Brock Yates, Guzman and Boyce 14-06-00704-CV RePipe, Inc. v. James E. Turpin Appeal from 129th District Court of Harris County Trial Court Judge: Samuel Grant Dorfman In re TCW Global Project Fund II, Ltd (Tex.App.- Houston [14th Dist.] Sep. 22, 2008) (mandamus denied re: denial of motion to dismiss based on a forum-selection clause) MOTION OR WRIT DENIED: Per Curiam Before Justices Brock Yates, Guzman and Brown) 14-08-00116-CV In Re TCW Global Project Fund II, Ltd., TCW Asset Management Company, and Trust Company of the West Appeal from 189th District Court of Harris County Trial Court Judge: William R. Burke JR. Ardoin v. Anheuser-Busch (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Guzman) (workplace accident death, no gross negligence found) AFFIRMED: Opinion by Justice Guzman Before Justices Frost, Seymore and Guzman 14-07-00210-CV Donna Ardoin, Individually, and as Legal Representative of the Estate of Floyd Ardoin, Deceased v. Anheuser-Busch, Incorporated Appeal from 157th District Court of Harris County Trial Court Judge: Randy Wilson Buggelli v. Feltis (Tex.App. - Houston [14th Dist.] Aug. 28, 2008)(Guzman) (DTPA, challenge to judgment on settlement agreement, waiver of error) AFFIRMED: Opinion by Justice Guzman Before Justices Frost, Seymore and Guzman 14-07-00027-CV James Buggelli v. Alan J. Feltis and Roy J. Crosby d/b/a Royal Aero Appeal from 269th District Court of Harris County Trial Court Judge: John Woolridge Barajas v. Harvest Credit Management VI-B, LLC (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Guzman) (credit card debt suit, summary judgment for debt collector reversed, contract terms not proven) REVERSED AND REMANDED: Opinion by Justice Guzman Before Justices Frost, Seymore and Guzman 14-07-00048-CV Celia Barajas v. Harvest Credit Management, VI-B, LLC as assignee of Metris Direct Merchants Bank Appeal from County Civil Court at Law No 3 of Harris County Trial Court Judge: Linda Storey Ardoin v. Anheuser-Busch (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Guzman) (workplace accident death, no gross negligence found) AFFIRMED: Opinion by Justice Guzman Before Justices Frost, Seymore and Guzman 14-07-00210-CV Donna Ardoin, Individually, and as Legal Representative of the Estate of Floyd Ardoin, Deceased v. Anheuser-Busch, Incorporated Appeal from 157th District Court of Harris County Trial Court Judge: Randy Wilson Heckel v. Allen Samuels Chevrolet and GE (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Guzman) (product liability claim time-barred, warranty claim remanded) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Brown 14-07-00254-CV Sharon Heckel v. Allen Samuels Chevrolet and General Motors Corporation--Appeal from 333rd District Court of Harris County Trial Court Judge: Joseph J. Halbach Grace Memorial Baptist Church v. Harris County (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Guzman) (property tax exemption claim not viable in tax suit, tax protest statute exclusive remedy) AFFIRMED: Opinion by Justice Guzman Before Justices Frost, Seymore and Guzman 14-07-00447-CV Grace Memorial Baptist Church a/k/a Grace Baptist Church n/k/a Church of the Lord Jesus Christ v. Harris County, on Behalf of Itself and on Behalf of The Harris County Education Department, The Port of Houston Authority of Harris County, HCFCD, HCHD; City of Houston; HISD, Harris County Education District; and Houston Community College System Appeal from 295th District Court of Harris County Trial Court Judge: Tracy Kee Christopher In re H & R Block Financial Advisors, Inc. (Tex.App.- Houston [1st Dist.] Aug. 28, 2008)(Guzman) (arbitration mandamus, waiver argument) MOTION OR WRIT GRANTED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Frost and Guzman 14-08-00450-CV In Re H & R Block Financial Advisors, Inc. Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle Chapa v. Traciers & Assoc., Inc. (Tex.App.- Houston [14th Dist.] July 31, 2008)(Guzman) (repossessed car, kids inside, parents' claim rejected) AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Brown 14-07-00056-CV Carlos Chapa and Maria Chapa, Individually and as Next Friend of Carlos Chapa, Jr. and Alex Chapa, Minors v. Traciers & Associates, Incorporated; Traciers & Associates; Traciers; Paul Chambers; and Ford Motor Credit Corp. Appeal from 164th District Court of Harris County Trial Court Judge: Martha Hill Jamison RePipe, Inc. v. Turpin (Tex.App.- Houston [14th Dist.] July 29, 2008)(Guzman) (employment law, written employment contract, remittiture suggested) REVERSED AND REMANDED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Boyce 14-06-00704-CV RePipe, Inc. v. James E. Turpin Appeal from 129th District Court of Harris County Trial Court Judge: Samuel Grant Dorfman Praise Tabernacle Outreach v. The Restoration Financial Group (Tex.App.- Houston [14th Dist.] July 29, 2008)(Guzman) (Church breach of contract, disqualification of counsel) AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Brown 14-06-01055-CV Praise Tabernacle Outreach & Family Worship Center and Reflections of Christ's Kingdom v. The Restoration Financial Group, Inc. and Felecia W. Ward Appeal from County Court at Law No 2 & Probate Court of Brazoria County Justice Guzman, who dissented on panel reviewing appeal from fire truck wreck case, writes court's majority opinion on en banc motion for rehearing; Vision-impaired fire fighter who drove truck without corrective lenses and recklessly caused accident resulting in serious injury not entitled to official immunity after all Green v. Alford (Tex.App.(Tex.App.- Houston [14th Dist.] July 15, 2008)(Opinion on en banc rehearing by Guzman) (PI, fire truck collision liability, official immunity defense rejected) AFFIRMED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Brock Yates, Anderson, Hudson, Fowler, Frost, Seymore, Guzman, Brown and Boyce 14-05-00407-CV Christopher Green v. Dwainia Alford, Individually and as Next Friend of Aaron Alford and Ronald Alford Appeal from 152nd District Court of Harris County Trial Court Judge: Kenneth Price Wise Concurring Opinion by Justice Frost Dissenting Opinion by Justice Hudson Concurring and Dissenting Opinion by Justice Guzman (legal malpractice claims should not be splintered into different causes of action). Trousdale v. Henry (Tex.App.- Houston [14th Dist.] June 24, 2008)(Fowler) (legal malpractice, claim splitting, fractioning, applicable statute of limitations for negligence and breach of fiduciary duty, tolling, discovery rule) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Fowler Before Justices Brock Yates, Fowler and Guzman 14-06-00848-CV Lenieta Wylene Trousdale v. Annette M. Henry, R. Christopher Bell and Bell & Henry, L.L.P. Appeal from 129th District Court of Harris County Trial Court Judge: Samuel Grant Dorfman Spring Creek Village Apartments Phase V, Inc. v. General Star Indemnity Co. (Tex.App.- Houston [14th Dist.] June 24, 2008) (Guzman) (insurance law, excess insurer coverage, third appeal) AFFIRMED: Opinion by Justice Guzman Before Price, Justices Brock Yates and Guzman 14-06-00978-CV Spring Creek Village Apartments Phase V, Inc. v. General Star Indemnity Company Appeal from 334th District Court of Harris County Trial Court Judge: Sharon McCally Woods v City of Galveston (Tex.App.- Houston [14th Dist.] June 24, 2008) (Guzman) (public employment disputes, discrimination suit by fire fighter) AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Brown) 14-06-01022-CV Tarris Woods v. City of Galveston, Texas and City of Galveston Fire Fighters' and Police Officers' Civil Service Commission Appeal from 56th District Court of Galveston County Trial Court Judge: Lonnie Cox Ahmed v. Ahmed (Tex.App.- Houston [14th Dist.] June 17, 2008)(Yates) (divorce, Islamic marriage, erroneous characterization of agreement as prenup reversed) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Brown 14-07-00008-CV Amir Ahmed v. Afreen S. Ahmed Appeal from 308th District Court of Harris County Trial Court Judge: Judge Georgia Dempster Concurring and Dissenting Opinion by Justice Guzman City of Santa Fe, Texas v. Boudreaux (Tex.App.- Houston [14th Dist.] May 29, 2008)(Guzman) (labor and employment law, public employment, provision of collective bargaining voided as unconstitutional private delegation of legislative power) REVERSED AND RENDERED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Brown 14-06-00299-CV City of Santa Fe, Texas v. Victor Boudreaux and Jeremy Creech Appeal from 56th District Court of Galveston County Trial Court Judge: Lonnie Cox TDPS v. Little (Tex.App.- Housotn [14th Dist.] May 29, 2008)(Guzman) (TTCA, collision with emergency vehicle, government immunity sustained, ILA) REVERSED AND RENDERED: Opinion by Justice Guzman Before Justices Fowler, Seymore and Guzman 14-07-00840-CV Texas Department of Public Safety v. Sheatri Little Appeal from 155th District Court of Waller County (judge's name not shown on docket sheet) Swaab v. Swaab (Tex.App.- Houston [14th Dist.] Apr. 24, 2008)(Guzman) (divorce SAPCR appeal, many issues incl. property division, MSA, allocation of parental rights, requirement to attempt ADR prior to future modifications) AFFIRMED: Opinion by Justice Eva M. Guzman Before Justices Brock Yates, Fowler and Guzman 14-06-00593-CV David Lawrence Swaab v. Janie Guerra Swaab Appeal from 246th District Court of Harris County Trial Court Judge: Jim York Greenfield Energy Inc. v. Duprey (Tex.App.- Houston [14th Dist.] Apr. 10, 2008) (Guzman) (special appearance, foreign defendant, agency and alter ego theories rejected, minimum contacts, jurisdictional inquiry) AFFIRMED: Opinion by Justice Guzman 14-07-00527-CV Greenfield Energy Inc., Greenfield Energy, Inc., and Greenfield Oil Trinidad, LTD. v. Lawrence Duprey and CL Financial, LTD. Appeal from 295th District Court of Harris County Trial Court Judge: Tracy Kee Christopher McCall v. Smith (Tex.App.- Houston [14th Dist.] Apr. 3, 2008)(Guzman) (divorce and life insurance, probate court) REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Guzman 14-07-00032-CV Mary Linda McCall v. David Wayne Smith, Ryan Dylan Williams, Anna Elaine Harris, and Dana L. Mayor (f/ka/a Dana L. Monford), Individually and as Temporary Administrator of the Estate of Leslie H. WIlliams, Jr.--Appeal from Probate Court No 1 of Harris County Trial Court Judge: Russel P. Austin AVCO Corp. v. Interstate Southwest Ltd (Tex. App.- Houston [14th Dist.] Apr. 3, 2008) (Supplemental Opinion on motion for rehearing by Guzman) (declaratory judgment, failure to present claim/argument in original brief) OVERRULED: Opinion by Justice Guzman 14-05-00860-CV AVCO Corporation, Textron Lycoming Reciprocating Engine Division of AVCO Corporation v. Interstate Southwest, LTD Appeal from 278th District Court of Grimes County Brocail v. Detroit Tigers, Inc. (Tex.App.- Houston [14th Dist.] Apr. 3, 2008)(Guzman) (baseball injury, Labor-Management Relations Act) AFFIRMED: Opinion by Justice Guzman 14-06-00557-CV Douglas K. Brocail v. Detroit Tigers, Inc. Appeal from 125th District Court of Harris County Trial Court Judge: John A. Coselli Norra v. Harris County, Texas No. 14-05-01211-CV (Tex.App. - Houston [14th Dist.] Mar. 4, 2008)(Guzman) (civil penalty for environmental violations affirmed) AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Fowler and Guzman Carol Ann Norra v. Harris County, Texas; Texas Commission on Environmental Quality; and Texas Department of Health Appeal from 55th District Court of Harris County (Judge now Justice Jeff Brown) General Star Indemnity Co. v. Gulf Coast Marine Ass'n (Tex. App. - Houston [14th Dist.] Feb. 14, 2008)(Guzman) (insurance law, duty to defend, indemnify) AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Fowler and Guzman 14-06-00662-CV General Star Indemnity Co. v. Gulf Coast Marine Associates, Inc. Appeal from 152nd District Court of Harris County (Judge Kenneth Price Wise) Dissenting Opinion by Justice Brock Yates BCM v. Camberg (Tex.App.- Houston [14th Dist.] Jan. 29, 2008)(Guzman)(Rule 11, wrongful death, jury verdict) AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Fowler and Guzman 14-06-00500-CV Baylor College of Medicine v. Roy A. Camberg, Adminstrator of the Estate of Ana Julia Ortiz, Deceased, and Texas Department of Family and Protective Services as Next Friend of Ana Delia Meija Ortiz, Enid Valentina Meija Ortiz, and Rigoberto Mejia Ortiz, Minors Appeal from Probate Court No 1 of Harris County (Judge Russell Austin) Rare occurrence: Justice Guzman issues concurring opinion WesternGeco, LLC v. Input/Output (Tex.App.- Houston [14th Dist.] Jan. 24, 2007)(Frost)(settlement agreement) AFFIRMED IN PART/REVERSED AND RENDERED: Opinion by Justice Frost Before Justices Frost, Seymore and Guzman WesternGeco, L.L.C. and Schlumberger Technology Corporation v. Input/Output, Inc. Appeal from 164th District Court of Harris County (Judge Martha Hill Jamison) Concurring opinion by Justice Guzman Davis v. Webb (Tex.App.- Houston [14th Dist.] Jan. 22, 2007) (Guzman) (HCLC, expert report) AFFIRMED: Opinion by Justice Guzman Before Price, Chief Justice Hedges, Justice Guzman 14-07-00331-CV William Davis v. John Q.A. Webb, Jr., M.D. Appeal from 215th District Court of Harris County (Hon. Levi Benton) Concurring Opinion by Price In Re Wright No. 14-07-01057-CV (Tex.App.- Houston [14th Dist.] Jan 15, 2008)(Guzman)(expunction, no mandamus jurisdiction over clerk) DISMISSED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Brown In Re Gerald Anthony Wright Appeal from 182nd District Court of Harris County (Judge Jeannine Barr) Forrester v. Ginn (Tex.App.- Houston [14th Dist.] Jan. 20, 2008)(majority op. on rehearing by Hedges)(DWOP dismissal reversed in restricted appeal) REVERSED AND REMANDED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Hudson and Guzman 14-06-00549-CV Jeff Forrester and Kim Forrester v. Emmanuel Ginn, A&R Transport, Inc., Keith Jackson, and Steve Brantley Appeal from 333rd District Court of Harris County (Hon. Joseph J. Halbach) Justice Guzman issued a dissenting opinion on rehearing in Forrester v. Ginn Mandamus granted in case involving dispute over who should represent child (whose mother was killed) in wrongful death action In Re Collins (Tex. App.- Houston [14th Dist.] Dec. 17, 2007)(Guzman)(amicus attorney, representation of minor in wrongful death action involving mother) MOTION OR WRIT GRANTED: Opinion by Justice Guzman Before Justices Brock Yates, Fowler and Guzman 14-07-00624-CV In Re: Russell Craig Collins Appeal from 387th District Court of Fort Bend County (Judge Robert J. Kern) AVCO Corp. v. Interstate Southwest (Tex.App.- Houston [14th Dist.] Nov. 1, 2007)(Guzman)(commercial law, standing, capacity, indemnity, declaratory judgment, proof of actual damages) AFFIRMED IN PART/REVER.& REND.& REVER.&REM.: Opinion by Justice Guzman Before Justices Anderson, Hudson and Guzman 14-05-00860-CV AVCO Corporation, Textron Lycoming Reciprocating Engine Division of AVCO Corporation v. Interstate Southwest, LTD Appeal from 278th District Court of Grimes County (Hon. Jerry Sandel) McMenemy v. Holden (Tex.App.- Houston [14th Dist.] Nov. 1, 2007) (Guzman) (HCLC, expert report) REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Guzman Before Justices Brock Yates, Fowler and Guzman 14-07-00365-CV Matthew G. McMenemy, M.D. v. Donald M. Holden and Mary Holden Appeal from 434th Judicial District Court of Fort Bend County (James H. Shomake) Justices disagree on construction of rules governing permissive appeal; majority holds appeal was late and dismisses for want of jurisdiction Inliner Americas, Inc. v. Macomb Funding Group, LLC (Tex.App.- Houston [14th Dist.] Oct. 16, 2007)(Guzman)(deadline for filing permissive interlocutory appeal)DISMISSED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Hudson and Guzman 14-06-01084-CV INLINER AMERICAS, INC. N/K/A FIRSTLINER AMERICAS, INC., INLINER USA, INC., N/K/A FIRSTLINER USA, INC., and CAT CONTRACTING, INC. v. MACOMB FUNDING GROUP, L.L.C Appeal from 127th District Court of Harris County (Hon. Sharolyn P. Wood) Dissenting Opinion by Chief Justice Hedges In Interest of D.H. (Tex.App.- Houston [14th Dist.] Aug. 30, 2007)(Guzman)(termination of parent's rights) AFFIRMED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Hudson and Guzman 14-06-00187-CV In the Interest of D.H., A.L., J.L.C., and C.C. Appeal from 300th District Court of Brazoria County (Judge K. Randall Hufstetler) In Interest of C.L.S. (Tex.App.- Houston [14th Dist.] Aug. 30, 2007)(Guzman)(termination of parent-child relationship) AFFIRMED: Opinion by Justice Guzman Before Justices Frost, Seymore and Guzman 14-06-00762-CV In the Interest of C.L.S Appeal from 300th District Court of Brazoria County (Hon. Robert May) Justice Guzman writes separately Concurring Opinion by Justice Guzman in Moon v. Lesikar (Tex.App.- Houston [14th Dist.] Jul. 10, 2007)(Guzman, concurring) City's Plea to the Jurisdiction Again Rejected on Remand City of Houston v. Clear Channel Outdoor, Inc. (Tex.App.- Houston [14th Dist.] 2007)(Guzman)(city litigation, breach of contract, BoC, sovereign immunity) (sovereign immunity plea again rejected on remand) Opinion by Justice Guzman Before Chief Justice Hedges, Justices Hudson and Guzman 14-07-00084-CV The City of Houston, Texas v. Clear Channel Outdoor, Inc.- Appeal from 334th District Court of Harris County (Judge Sharon McCally) - Affirmed Buhman v. James Leigh McGaughy (Tex.App. - Houston [14th Dist.] Jul. 24, 2007)(Guzman)(partnership, oral contract, attorneys' fees, conversion) Opinion by Justice Guzman Before Justices Frost, Seymore and Guzman 14-05-01215-CV Larry A. Buhman v. James Leigh McGaughy Appeal from 127th District Court of Harris County (Judge Sharolyn P. Wood) - Reversed and Remanded Morris Hartis, Jr. v. Century Furniture Industries Inc. (Tex.App.- Houston [14th Dist.] Jun. 28, 2007)(Guzman)(payment dispute) AFFIRMED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Hudson and Guzman 14-05-01099-CV Eugene Morris Hartis, Jr. v. Century Furniture Industries Inc. Appeal from 55th District Court of Harris County (Judge: Jeff Brown) In Interest of A.A.M. (Tex.App.- Houston [14th Dist.] May 31, 2007)(Guzman) [family law, SAPCR, MTM, father custody] AFFIRMED: Opinion by Justice Guzman Before Justices Anderson, Hudson and Guzman 14-05-00740-CV In the Interest of A.A.M and C.E.M., Minor Children Appeal from 257th District Court of Harris County (Judge Linda Motheral) Zavala v. Zavala (Tex.App.- Houston [14th Dist.] May 31, 2007)(Guzman)(divorce property division, family law, divorce, division of property, 100% of home, agreement by parties] AFFIRMED: Opinion by Justice Guzman Before Justices Frost, Seymore and Guzman 14-06-00081-CV Paul Zavala v. Evelyn Zavala Appeal from 246th District Court of Harris County (no judge shown on docket) Torres v. Tessier (Tex.App.- Houston [14th Dist.] May 31, 2007)(Guzman) [PI-auto, jury error, sudden emergency instruction] AFFIRMED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Hudson and Guzman 14-06-00484-CV Antonio Torres v. Colin L. Tessier Appeal from 113th District Court of Harris County (Hon. Patricia Ann Hancock) Hunt v. State Office of Risk Management (Tex.App.- Houston [14th Dist.] May 15, 2007)(Guzman)(workers comp) [employment workplace law, jury, workers comp, workplace injury, psychological injury] AFFIRMED: Opinion by Justice Guzman Before Justices Frost, Seymore and Guzman 14-05-00819-CV Norma Hunt v. State Office of Risk Management Appeal from 55th District Court of Harris County (Judge Jeff Brown) 7979 Airport Garage, LLC v. Dollar Rent a Car Systems (Tex.App.- Houston [14th Dist.] Apr. 27, 2007)(Guzman)(lease case, repairs, contractual attorneys fees, fee segregation, counterclaim) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Brock Yates and Guzman 14-05-00484-CV 7979 Airport Garage, LLC v. Dollar Rent a Car Systems, Inc. Appeal from 80th District Court of Harris County (Judge Kent Sullivan) We reverse that portion of the judgment awarding attorneys' fees to Dollar, sever that portion of the judgment, and remand the issue to the trial court for a determination of Dollar's recoverable attorneys' fees in a manner consistent with this opinion. In all other respects, we affirm the judgment of the trial court. Carrasco v. City of Alvin (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)(Guzman) (suit on sworn account, breach of contract, attorney's fees) AFFIRMED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Frost and Guzman 14-06-00687-CV Virginia and Jose Carrasco v. City of Alvin Appeal from 412th District Court of Brazoria County Marketing, Inc., Coastal v. United States Fidelity and Guaranty Company (Tex.App.- Houston [14th Dist.] Mar. 8, 2007)(Justice Eva Guzman)(insurance law) In this insurance coverage dispute, the insurer filed suit seeking a declaration that it had no duty to reimburse its insured and two other carriers for the costs they incurred in settling a personal injury suit. The insurer moved for traditional summary judgment on the grounds that the insured (1) did not notify the insurer of the suit until less than a month before trial, (2) settled the suit without the insurer=s consent, and (3) failed to cooperate with the insurer. Because the insurer produced no evidence that the actions of its insured or the settling carriers prejudiced the insurer and no evidence that the insured failed to cooperate, we reverse the trial court's summary judgment on these issues and remand the case for further proceedings consistent with this opinion. Lee v. Hasson (Tex.App.- Houston [14th Dist.] Jan. 30, 2007)(Guzman) [oral contract, enforceability, investor, broker] REVERSED AND RENDERED: Opinion by Justice Guzman (Before Chief Justice Hedges, Justices Brock Yates and Guzman) 14-05-00004-CV Lanna F. Lee (fka Lanna Pai) and B. Lanna Inc. v. Theodore Hasson Et Al Appeal from 129th District Court of Harris County (name of judge not shown on docket) Carrascco v. City of Alvin (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)(Guzman) [sovereign immunity] AFFIRMED: Opinion by Justice Guzman (Before Chief Justice Hedges, Justices Frost and Guzman) 14-06-00687-CV Virginia and Jose Carrasco v. City of Alvin Appeal from 412th District Court of Brazoria County Justice Guzman Writes Dissenting Opinion Volunteer Firefighter Entitled to Official Immunity in Collision, Take-Nothing Judgment Rendered on Appeal Green v. Alford (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)(Dissent by Guzman) (PI, firefighter liability, official immunity, good faith) Green v. Alford (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)(Hudson) REVERSED AND RENDERED: Opinion by Justice Hudson Before Justices Anderson, Hudson and Guzman 14-05-00407-CV Christopher Green v. Dwainia Alford, Individually and as Next Friend of Aaron Alford and Ronald Alford Appeal from 152nd District Court of Harris County (Judge Kenneth Price Wise) Marketing, Inc., Coastal v. United States Fidelity and Guaranty Company (Tex.App.- Houston [14th Dist.] Mar. 8, 2007)(Justice Eva Guzman)(insurance law, coverage dispute, late notice but no prejudice) REVERSED AND REMANDED: Opinion by Justice Guzman Before Justices Fowler, Edelman and Guzman 14-04-00651-CV Coastal Refining & Marketing, Inc., Coastal Offshore Insurance Limited, and Lexington Insurance Company v. United States Fidelity and Guaranty Company Appeal from 129th District Court of Harris County Trial Court Judge: Samuel Grant Dorfman Lee v. Hasson (Tex.App.- Houston [14th Dist.] Jan. 30, 2007)(Guzman)(oral contract, fiduciary duty) Justice Guzman Writes Separately Sharma v. Vinmar International, No. 14-05-01088-CV (Tex.App.- Houston [14th Dist.] Jan. 25, 2007)(Justice Anderson) Sharma v. Vinmar International (Tex.App.- Houston [14th Dist.] Jan. 25, 2007)(separate opinion by Justice Guzman) BACM-2001 San Felipe Road LP v. Trafalgar Holdings I Ltd (Tex.App.- Houston [14th Dist.] Jan. 11, 2007)(Opinion by Justice Guzman) [commercial loan, breach of contract, statute of fraud) Buhman v. McGaughy (Tex.App.- Houston [14th Dist.] Jan. 11, 2007)(Opinion by Justice Guzman)(no on-line opinion available) Venue was not timely challenged, dismissal order reversed Liu v CiCi Enterprises LP (Tex.App.- Houston [14th Dist.] Jan. 9, 2007)(Opinion by Justice Guzman) (venue, motion to transfer venue) The trial court granted a motion to dismiss a Harris County suit based on a contractual provision stating that the parties "irrevocably submit themselves to the jurisdiction of the State Courts of Dallas County, Texas . . . [and] agree that venue for any proceeding relating to or arising out of this agreement shall be Dallas County, Texas . . . ." Because the provision is not a mandatory forum selection clause requiring dismissal but is instead a venue selection clause, and because venue was not timely challenged in accordance with the governing procedural rules, we reverse and remand. Conclusion: Because the trial court abused its discretion in granting CiCi's motion to dismiss, we reverse the judgment of the trial court and remand for further proceedings consistent with this opinion. Dias v. Goodman Manufacturing Co. (Tex.App.- Houston [14th Dist.] Jan. 9, 2007)(Guzman)(employment law, THCRA discrimination, age, retaliatory discharge) AFFIRMED: Opinion by Justice Guzman (Before Justices Anderson, Hudson and Guzman) 14-05-00836-CV Donald Dias v. Goodman Manufacturing Company, L.P., Goodman Holding Company and Quietflex Manufacturing Company L.P Appeal from 269th District Court of Harris County (Judge John Thomas Wooldridge) Find more judge and court information on the houston-opinions.com home page |
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Opinions By Houston Justices Fourteenth Court of Appeals Chief Justice Adele Hedges Justice John Anderson Justice Richard Edelman Justice Wanda Fowler Justice Eva M. Guzman Justice J. Harvey Hudson Justice Charles W. Seymore Justice Kem Thompson Frost Justice Leslie Brock Yates First Court of Appeals Opinions 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 Bland |
| Appellate Opinions by Justice Eva Guzman (Tex.App.- Houston [14th Dist.] 2009) Houston Opinions |