Opinions by Other Justices of the First Court of Appeals, sitting in Houston, Texas Chief Justice Sherry Radack Justice Tim Taft Justice Jim Sharp Justice Sam Nuchia (2008) Justice Terry Jennings Justice Evelyn Keyes Justice Elsa Alcala Justice George C. Hanks, Jr. Justice Laura Carter Higley Justice Jane Bland |
JUDGE PROFILE - Justice Hanks was appointed to Place 6 on the court in 2002 when the previous incumbent, Sherry Radack, received her promotion to Chief Justice. The seat was previously occupied by Scott Brister, who became a member of the Texas Supreme Court and served on that court until August 2009. Justice Hanks is the only African-American on the court and its most prolific opinion writer. Justice Hanks wrote 83 signed opinions in fiscal year 2006. That year Justice Hanks dissented only once, and wrote one separate concurring opinion in another case. Like several of his peers, Justice Hanks was a district court judge in Harris County prior to his elevation to the appellate bench. His former district court bench is now occupied by Judge Randy Wilson. Justice Hanks has distinguished himself through his bold jurisprudence. He has authored a precedent-setting opinion establishing a waiver-by-conduct exception to sovereign immunity in a case against Texas Southern University, a historically black University in Houston, whose president was recently fired and indicted over financial misconduct. See TSU v. State Street Bank and Trust. Both Justice Hanks and his district court successor also wrote legal articles published in the Texas Bar Journal. Justice Hanks has excellent academic credentials. He is a graduate of Louisiana State University and Harvard Law School, and served as a law clerk for the Hon. Sim Lake. Find more judge and court information at the Houston-Opinions Home Page |
| 2007 Opinions by Houston Appeals Court Justice George C. Hanks, Jr. |
2007 Opinions By Justice Hanks in Civil Appeals Also see --> 2008 Opinions Authored by Justice Hanks Also see --> 2009 Opinions Written by Justice Hanks Cole v. Hogan (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Hanks)(probate law, lost will) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-06-00477-CV Curtis Cole v. Ernestine Hogan Appeal from Probate Court No 2 of Harris County (Judge Mike Wood) Walters v. Cleveland Regional Med. Ctr. (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Hanks)(HCLC, limitations defense, discovery of injury, sponge left in body) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-06-01068-CV Tangie Walters v. Cleveland Regional Medical Center, et al Appeal from 125th District Court of Harris County (Judge John Coselli) Mott v. Red's Safe and Lock Services, Inc. (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Hanks) (DTPA, products liability, warranty breach) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-06-00823-CV Larry Gene Mott and Cheryl Ann Mott v. Red's Safe and Lock Services, Inc. d/b/a Red's Hardware and Security, and Red's True Value Hardware Appeal from 151st District Court of Harris County (Judge Caroline Baker) McLane v. McLane (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Hanks) (SAPCR, MTM child support, voluntary underemployment) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-06-00634-CV Michael McLane v. Sandra Helene McLane Appeal from 309th District Court of Harris County (Judge Frank Rynd) Cypress Northwest Associates, Ltd v. Wayne Duddlesten, Ltd (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Hanks)(real estate, land development, BoC, restrictive covenant, deed) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Judge Wilson, Justices Hanks and Bland 01-05-00827-CV Cypress Northwest Associates, Ltd. v. Wayne Duddlesten, Ltd., and BC Alliance, Inc. Appeal from 127th District Court of Harris County (Judge Sharolyn Wood) Landers v. State Farm Lloyd (Tex.App. - Houston [1st Dist.] Dec. 13, 2007)(Hanks) (insurance coverage, evidence case law, expert exclusion) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-06-00181-CV E. Dean Landers and Margaret F. Landers v. State Farm Lloyds and Reuben Quintero Appeal from 280th District Court of Harris County (Hon. Tony Lindsay) Reece-Albert v. Contractor's Service Co. (Tex.App.- Houston [1st Dist.] Dec. 13, 2007)(Hanks) (indemnity, reformation remedy) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-06-00700-CV Reece-Albert, Inc. v. Contractor's Service Company, Contractor's Service, Ltd., and Contractor's Service, Ltd. f/k/a Contractor's Service Company Appeal from 133rd District Court of Harris County (Hon. Lamar McCorkle) In re Michael Medina (Tex.App.- Houston [1st Dist.] Dec. 6, 2007)(Hanks) (IME, mental injury, legal malpractice, multiple plaintiffs) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-07-00747-CV In re Michael Medina, et al Appeal from 212th District Court of Galveston County (Hon. Susan Elizabeth Criss) Mitchell v. Garza II (Tex.App.- Houston [1st Dist.] Dec. 6, 2007)(op. on rehr'g by Hanks) (real estate law, easement by estoppel) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-06-00959-CV Robert S. Mitchell and Leta M. Mitchell v. Arturo Garza Appeal from 129th District Court of Harris County (Hon. Grant Dorfman) Narsi v. Weingarten Realty Investors (Tex.App.- Houston [1st Dist.] Nov. 29, 2007)(Hanks) (commercial breach of lease, mitigation defense, attorney's fees) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-06-00690-CV Amirali M. Narsi v. Weingarten Realty Investors Appeal from 189th District Court of Harris County (Hon. William R. Burke, Jr.) Hurst v. DFPS, In re AAA (Tex.App.- Houston [1st Dist.] Nov. 15, 2007)(Hanks) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-07-00160-CV Paul Alexander and Shade Hurst v. Department of Family and Protective Services Appeal from 314th District Court of Harris County (Hon. John Phillips) Nowak v. Pellis (Tex.App.- Houston [1st Dist.] Nov. 15, 2007)(Hanks)(legal and medical malpractice, one satisfaction rule, attorney's fees) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-06-00044-CV John Lewis Nowak v. Jeanne Pellis, et al. Appeal from 61st District Court of Harris County (Hon. John Donovan) Jemmerison v. Officer Salazar (Tex.App.- Houston [1st Dist.] Nov. 8, 2007 (Hanks)(affirms trial court's dismissal of pro se prisoner suit against correctional official without hearing, finding prisoner did not provide enough detail about prior pro se suits) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-06-00633-CV Thomas Jemmerison v. Officer I. Salazar Appeal from 412th Judicial District Court of Brazoria County (Honorable W. Edwin Denman) Brazoria County v. Colquitt (Tex.App.- Houston [1st Dist.] Jan. 4, 2007)(Hanks)(TTCA) AFFIRM TC JUDGMENT: Opinion by Justice Hanks (Before Justices Taft, Keyes and Hanks) 01-06-00614-CV Brazoria County, Texas v. Glenn Colquitt Appeal from 412th Judicial District Court of Brazoria County (The Honorable W. Edwin Denman) Sterling Chemicals v. Texaco Inc. (Tex.App.- Houston [1st Dist.] Nov. 8, 2007)(Hanks)(no online opinion) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-06-00111-CV Sterling Chemicals v. Texaco Inc., and Texaco Development Corporation Appeal from 122nd District Court of Galveston County (Hon. John Ellisor) Summerville v. Allied Barton Security Services (Tex.App.- Houston [1st. Dist.] Nov. 1, 2007)(Hanks)(malicious prosecution claim, criminal trespass, probable cause was established by the uncontested evidence that plaintiff entered a restricted area; summary judgement for defendant affirmed) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-06-00757-CV Nicholas Summerville v. Allied Barton Security Services, LLC, Individually and d/b/a Allied Security and Tom Smith Appeal from 270th District Court of Harris County (Hon. Brent Gamble) Kim v. Farmers Ins. Exchange (Tex.App.- Houston [1st Dist.] Oct. 25, 2007)(Hanks)(insurance claim, failure to notify, prejudice, no actual notice) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-05-01112-CV John Kim, as Receiver for Dale McPherson d/b/a Jamac Services, Inc., (Judgment Debtor to Sharon Berryman) v. Farmers Insurance Exchange Appeal from 164th District Court of Harris County (Hon. Martha Hill Jamison) Mitchell v. Garza (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Hanks)(real estate law, easement by estoppel, attorneys fees) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-06-00959-CV Robert S. Mitchell and Leta M. Mitchell v. Arturo Garza Appeal from 129th District Court of Harris County (Hon. Grant Dorfman) Philips v. Philips (Tex.App.- Houston [1st. Dist.] Oct. 18, 2007)(Hanks)(Rule 12 motion, MNT) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-06-00526-CV Patricia Phillips v. Charles T. Phillip Appeal from Co Civil Ct at Law No 3 of Harris County (Hon. Roy M. Quintanilla) Scott v. Wichita County (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Hanks)(venue, prisoner suit) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-06-00527-CV Michael Scott v. Wichita County and Whichita County Distric Attorney Barry Macha Appeal from 400th District Court of Ft. Bend County (Hon. Clifford J. Vacek) Aspenwood v. Link (Tex.App.- Houston [1st Dist.] Sep. 27, 2007)(Superseding opinion by Hanks) (special exceptions, tortious interference, malicious prosecution, abuse of process, section 1983 claim) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Taft, Alcala and Hanks 01-05-00555-CV Jack Yetiv and Aspenwood Apt. Corp. v. Beatrice Link and Heley Huey Appeal from 215th District Court of Harris County (Trial court judge: Hon. Levi J. Benton) Excel Auto and Truck Leasing LLP v. Alief ISD (Tex. Aug. 31, 2007)(op. on rehr'g by Hanks)(tax appeal) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Keyes and Hanks 01-04-01185-CV Excel Auto and Truck Leasing, L.L.P. v. Alief Independent School District et al. Appeal from 11th District Court of Harris County (The Honorable Mark Davidson) In this suit for delinquent ad valorem taxes, Excel Auto & Truck Leasing, L.L.P., appellant/taxpayer, complains of the trial court's granting summary judgment in favor of the various taxing units, appellees. In three issues, Excel argues that the trial court erred in (1) finding that it was the owner of the vehicles and liable for ad valorem taxes; (2) finding that there was no genuine issue as to any material fact as to ownership of the vehicles; and (3) granting summary judgment to Pasadena Independent School District ("ISD"), which filed no Motion for Summary Judgment, rendering the judgment interlocutory. We affirm. Separate opinion by Keyes OPINION CONCURRING IN PART WITH, AND DISSENTING IN PART TO, THIS COURT'S JUDGMENT: Concurring Opinion by Justice Keyes Appeal from 11th District Court of Harris County (Judge Mark Davidson) Lin v. Metro Allied Ins. Co. (Tex.App.- Houston [1st Dist.] Aug. 31, 2007)(Hanks)(DTPA, JNOV, jury) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Taft, Alcala and Hanks 01-05-00196-CV Shihche E. Lin, individually and d/b/a Aptus Company, and Sung-Ping H. Lin v. Metro Allied Insurance Agency, Inc. and C. Michael McGlothlin Appeal from 189th District Court of Harris County (Hon. William R. Burke, Jr.) Conte v. Ditta (Tex.App.- Houston [1st Dist.] Aug. 31, 2007)(Hanks) (probate law, removal of trustee, time-barred petition) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Taft, Alcala and Hanks 01-05-00603-CV Susan Conte v. Louis Ditta, Guardian of the Estate of Doris L. Conte, IP Appeal from Probate Court No 1 of Harris County (Hon. Russell Austin) Denial of special appearance reversed Tabor v. Medical Legal Evaluations, Inc. (Tex.App.- Houston [1st Dist.] Aug. 30, 2007)(Hanks) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Nuchia, Hanks and Bland 01-06-01010-CV Tabor, Chhabra & Gibbs, P.A. and Darryl Gibbs v. Medical Legal Evaluations, Inc. and Bruce L. Halbridge, M.D.--Appeal from 164th District Court of Harris County (Hon. Martha Hill Jamison) Yet another set of opinions issued in Houston SOB zoning case Webworld Marketing Group, L.L.C. v. Tommie Thomas, No. 01-04-00749-CV (Tex.App.- Houston [1st Dist.] Aug. 2, 2007)(Opinion by Justice Hanks)(SOB regulation) Before Justices Nuchia, Keyes and Hanks Appeal from 215th District Court of Harris County Trial court judge: Hon. Levy Benton 01-04-00749-CV Webworld Marketing Group, L.L.C. v. Tommie Thomas Appeal from 215th District Court of Harris County Keyes' separate opinion in Webworld Marketing Group, LLC v. Thomas (Tex.App.- Houston [1st Dist.] Aug. 2, 2007)(sep. op. by Keyes) OPINION CONCURRING IN PART WITH, AND DISSENTING IN PART TO, THIS COURT'S JUDGMENT: Concurring and Dissenting Opinion by Justice Keyes Before Justices Nuchia, Keyes and Hanks 01-04-00749-CV Webworld Marketing Group, L.L.C. v. Tommie Thomas Appeal from 215th District Court of Harris County (Judge Levy Benton) City of Houston v. Kennedy (Tex.App.- Houston [1st Dist.] Aug. 2, 2007)(Hanks) (wrongful death, immunity, TTCA, ILA) AFFIRM TC JUDGMENT: Opinion by Justice Hanks (Before Justices Nuchia, Hanks and Bland) 01-07-00097-CV The City of Houston v. Mary M. Babin Kennedy Appeal from 215th District Court of Harris County (Hon. Levi J. Benton) City of Pasadena v. Environmental Infrastructure Group, LP (Tex.App.- Houston [1st Dist.] Aug. 2, 2007)(Hanks) (breach of contract, immunity, interlocutory appeal, ILA) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Hanks (Before Judge Wilson, Justices Hanks and Bland) 01-07-00133-CV City of Pasadena, Texas v. Environmental Infrastructure Group, LP, Kinsel Industries, Inc. and Travelers Casualty and Surety Company of America, Crouch/KST Enterprises, LTD. Appeal from 151st District Court of Harris County (Judge Hon. Caroline Baker) Argueta v.Banales (Tex.App.- Houston [1st Dist.] Aug. 2, 2007)(Hanks) (auto accident, negligence, jury award) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks (Before Justices Nuchia, Hanks and Bland) 01-06-00191-CV Cesar Argueta v. Mercedes Banales Appeal from Co Civil Ct at Law No 1 of Harris County (Judge Hon. Jack Cagle) R.C. Jones v. Tustin Transportation Co. (Tex.App.- Houston [1st Dist.] Aug. 2, 2007)(Hanks)(BoC, jury verdict) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Higley 01-04-00566-CV R. C. Jones, Superior Waste Management Services, Inc., and JTI Contractors, Inc. v. Rustin Transportation Company, L.P. Appeal from 295th District Court of Harris County (Hon. Tracy Christopher) McCarthy v. Wani Venture (Tex.App.- Houston [1st Dist] Jun. 28, 2007)(Hanks) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Higley 01-04-00921-CV Marcie McCarthy v. Wani Venture, AS Appeal from 129th District Court of Harris County (Trial court judge: Hon. Grant Dorfman) Justice Jennings dissents in McCarthy v. Wani Venture (Tex.App.- Houston [1st Dist] Jun. 28, 2007)(Dissent by Justice Jennings) Ton's Remodeling v. Tot Hoi Fund d/b/a Fung's Kitchen (Tex.App.- Houston [1st Dist.] Jun. 21, 2007)(Hanks)(construction dispute, commerical, BoC, sworn account) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Nuchia, Hanks and Bland 01-05-01077-CV Ton's Remodeling v. Tot Hoi Fund d/b/a Fung's Kitchen Appeal from Co Civil Ct at Law No 2 of Harris County (Hon. Gary Michael Block) Office of the Attorney General of Texas v. Joe V. Phillips (Tex.App.- Houston [1st Dist.] May 31, 2007)(Hanks) [void judgment, past child support] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Nuchia, Hanks and Bland 01-05-00973-CV The Office of the Attorney General of Texas v. Joe V. Phillips Appeal from 311th District Court of Harris County (Judge Doug Warne) Travelers Indemnity Co of Conn. v. Espinosa (Tex.App.- Houston [1st Dist.] May 31, 2007)(Hanks) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Hanks Before Justices Nuchia, Hanks and Bland 01-05-00836-CV Travelers Indemnity Company of Connecticut v. Jesus Espinosa Appeal from 61st District Court of Harris County (Hon. John Donovan) Justice Hanks authors opinion in foreign judgment case presenting "issue of first impression" Enviropower v. Bear, Stearns & Co. (Tex.App.- Houston [1st Dist.] May 10, 2007)(Hanks)(foreign judgment) [Case of first impression, definition of net worth, book value, amount of supersedeas bond] AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Keyes and Hanks 01-04-01111-CV Enviropower, L.L.C. v. Bear, Stearns & Co., Inc. Appeal from 164th District Court of Harris County (Hon. Martha Hill Jamison) In this action to enforce a New York judgment, EnviroPower, L.L.C., appellant, complains of the trial court's orders denying its motion for new trial, motion to vacate, and motion to stay enforcement of the judgment. In three issues, EnviroPower contends that (1) a foreign default judgment based on "death penalty" sanctions is "penal" in nature and excepted from enforcement in Texas under the full faith and credit clause; (2) it is entitled to a stay of enforcement because the New York judgment against it is subject to modification on appeal by the New York appellate court; and (3) the trial court erred in refusing to stay enforcement of the New York judgment and in setting the bond amount at $200,000. In this case of first impression, we affirm. Here, the trial court weighed all of the pleadings and evidence presented by the parties, which included testimony that EnviroPower was in negotiations with at least three other willing buyers, all of whom offered to assume its liabilities and pay a range of $1 to $10 million for the company. EnviroPower eventually entered an active agreement with Khanjee, whereby Khanjee would pay $10 million for the company and assume "certain liabilities." By using only its book value to determine its net worth, we would enable EnviroPower to potentially postpone this active agreement with Khanjee to avoid satisfying the judgment against it. We, therefore, hold that the trial court was within its discretion in finding EnviroPower's current net worth to be $8 million. We further hold that the trial court did not abuse its discretion setting the bond amount at $200,000. Appeals Court Orders Transfer of Venue SAPCR/Modification In re Wilson (Tex.App.- Houston [1st Dist.] Apr. 26, 2007)(Hanks)(mandamus)(transfer of venue was mandatory) [mandamus, venue, family law, mandatory venue, court of continuing jurisdiction] GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Hanks Before Justices Taft, Alcala and Hanks 01-07-00013-CV In re Ronnie D. Wilson Appeal from 245th District Court of Harris County (Hon. Annette Galik) Court Rejects Argument that Defendant in Delinquent Personal Property Tax Suit Did Not Own the Leased Vehicles - Leases clearly stated that they may be terminated; contrary summary judgment evidence excluded Excel Auto v. Alief ISD (Tex.App.- Houston [1st Dist.] Apr. 19, 2007)(Hanks) (appeal from property tax suit) also see --> property tax appeals case law AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Keyes and Hanks 01-04-01185-CV Excel Auto and Truck Leasing, L.L.P. v. Alief Independent School District et al. Appeal from 11th District Court of Harris County (Judge Mark Davidson) Aspenwood Apt. Corp. v. Link (Tex.App.- Houston [1st Dist.] Apr. 19, 2007)(Hanks) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Taft, Alcala and Hanks 01-05-00555-CV Jack Yetiv and Aspenwood Apt. Corp. v. Beatrice Link and Heley Huey Appeal from 215th District Court of Harris County (Hon. Levi J. Benton) Toomey v. TxDoT (Tex.App.- Houston [1st Dist.] Apr. 19, 2007 )(Hanks) [governmental immunity, flood damage] AFFIRM TC JUDGMENT: Opinion by Justice Hanks (Before Justices Taft, Alcala and Hanks) 01-05-00749-CV Bernard J. Toomey, John J. Toomey, Jr., Stephen Toomey, Tanny Toomey, and Richard Toomey and Tejas Toyota, Inc. v. Texas Department of Transportation, et al. Appeal from Co Civil Ct at Law No 3 of Harris County (Judge Lynn Bradshaw Hull) Deed of Trust Lien Trumps Mechanics and Materialman's Lien, Latter Extinguished in Foreclosure Suntex Fuller Corporation v. Flint Mortgage Group / Nationsrent of Texas, L.L.P (Tex.App.- Houston [1st Dist.] Apr. 5, 2007)(Hanks)[construction law, M&M lien, deed of trust lien, relative priority of liens, inception date, foreclosure, subrogation, excess proceeds from foreclosure sale] Nivens v. City of League City (Tex.App.- Houston [1st Dist.] Apr. 5, 2007)(Hanks)(subst. opinion on rehearing) O'Kane v. Chuoke (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Hanks)(lease case) Webworld Marketing Group, L.L.C. v. Tommie Thomas (Tex.App.- Houston [1st. Dist.] Mar. 22, 2007)(Hanks) Webworld Marketing Group, L.L.C. v. Tommie Thomas (Tex.App.- Houston [1st. Dist.] Mar. 22, 2007)(Hanks) [SOB application, permit, denial] Justice Keyes Dissented in Webworld Marketing v. Thomas Joseph Rewoodson Grant v. The State of Texas (Tex.App.- Houston [1st. Dist.] Mar. 22, 2007)(Justice Hanks) Grandparent Properly Awarded Custody Despite Presumption in Favor of Natural Parents Whitworth v. Whitworth (Tex.App.- Houston [1st Dist.] Mar. 16, 2007)(Hanks)(subst. opinion on rehearing) [family law, SAPCR, SMC, grandparents, standing to intervene] "Based on our review of the evidence, we conclude that the trial court did not abuse its discretion in appointing Carol as the sole managing conservator after finding, by a preponderance of credible evidence, that appointing Tammy as a managing conservator would result in serious physical or emotional harm to K.C. See Brook, 881 S.W.2d at 298. We also hold that the trial court did not abuse its discretion in awarding Tammy less than standard possession." Cochran v. Rittger (Tex.App.- Houston [1st Dist.] Mar. 1, 2007)(Justice Hanks) Mark III Systems v. Sysco Corp (Tex.App.- Houston [1st Dist.] Feb. 22, 2007)(Justice Hanks) The AIM Group v. Golden (Tex.App.- Houston [1st Dist.] Feb. 15, 2007)(Justice Hanks) Royce Homes v. Espinoza (Tex.App.- Houston [1st Dist.] Feb. 8, 2007)(Justice Hanks) In re Westwood Affiliates, LLC (Tex.App.- Houston [1st Dist.] Feb. 8, 2007)(Justice Hanks) Nivens v. City of League City (Tex.App.- Houston [1st Dist.] Jan. 18, 2007)(Justice Hanks) Noteworthy case: Waiver-by-Conduct Exception to Sovereign Immunity Recognized TSU v. State Street Bank and Trust, No. 01-06-00497-CV (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Hanks)(substitute opinion) (governmental immunity waived by egregious conduct) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks (Before Justices Nuchia, Keyes and Hanks) 01-06-00497-CV Texas Southern University v. State Street Bank and Trust Company, CMS Viron Corporation--Appeal from 80th District Court of Harris County (Judge Kent C. Sullivan ) Justice Keys wrote separate opinion in TSU v. State Street Bank and Trust, No. 01-06-00497-CV (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(separate opinion by Keyes)(substitute opinion) OPINION CONCURRING IN PART WITH, AND DISSENTING IN PART TO, THIS COURT'S JUDGMENT: Brazoria County v. Colquitt (Tex.App.- Houston [1st Dist.] Jan. 4, 2007)(Hanks) 2007 Separate Opinions by Justice Hanks 2007 Opinions by Justice George C. Hanks - Civil and Criminal Cases (w/ case disposition info) Suntex Fuller Corporation v. Flint Mortgage Group / Nationsrent of Texas, L.L.P (Tex.App.- Houston [1st Dist.] Apr. 5, 2007)(Hanks) AFFIRM TC JUDGMENT: Opinion by Justice Hanks (Before Justices Jennings, Hanks and Higley) 01-04-00994-CV Suntex Fuller Corporation v. Nationsrent of Texas, L.L.P., d/b/a Nationsrent Appeal from 149th District Court of Brazoria County Nivens v. City of League City (Tex.App.- Houston [1st Dist.] Apr. 5, 2007)(Hanks)(subst. opinion on rehearing) AFFIRM TC JUDGMENT: Opinion by Justice Hanks (Before Chief Justice Radack, Justices Jennings and Hanks) 01-05-00335-CV Joseph Knute Nivens, Wilbur Dunten, Marvin Fontenot, et al. v. City of League City, et al. Appeal from 405th District Court of Galveston County (Before Chief Justice Radack, Justices Jennings and Hanks) 01-05-00335-CV Joseph Knute Nivens, Wilbur Dunten, Marvin Fontenot, et al. v. City of League City, et al. Appeal from 405th District Court of Galveston County O'Kane v. Chuoke (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Hanks) [lease law, BoC, restricted appeal, attorney withdrawal, pro se motions, severance, waiver of error] AFFIRM TC JUDGMENT: Opinion by Justice Hanks (Before Justices Taft, Alcala and Hanks) 01-05-00523-CV Jon Richard O'Kane v. Joe Chuoke, Mitchell Chuoke, and James C. Brady Appeal from 10th District Court of Galveston County Mark III Systems v. Sysco Corp (Tex.App.- Houston [1st Dist.] Feb. 22, 2007)(Hanks) AFFIRM TC JUDGMENT: Opinion by Justice Hanks (Before Justices Taft, Alcala and Hanks) 01-05-00488-CV Mark III Systems, Inc. v. Sysco Corporation Appeal from 11th District Court of Harris County |