2008 Civil Opinions Written by Justice Eva Guzman in Civil Appeal Also see --> 2009 Civil Case Opinions by Justice Guzman 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 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 litigation 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 firetruck 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 (--> 2008 opinions with dissents) 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.- Houston [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) Find more links to information on judges, courts and cases on the houston-opinions.com home page Also see --> 2009 Civil Case Opinions by Justice Guzman Also see --> 2007 Civil Case Opinions by Justice Guzman |
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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 M. Guzman (Tex.App.- Houston [14th Dist.] 2008) Houston Opinions |