Opinions by Other Justices
of the
First Court of Appeals,  
sitting in Houston, Texa
s

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, now a member
of the Texas Supreme Court.
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
2008-2007 Opinions by Houston Appeals Court Justice
George C. Hanks, Jr.

2008 Opinions By Justice Hanks in Civil Appeals

Chau v. Riddle, MD (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(Hanks) (opinion on remand)
(HCLC, botched intubation of newborn)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Hanks
Before Justices Nuchia, Keyes and Hanks
01-04-00551-CV Thao Chau and Ha Dien Do, Individually and as next friend of their minor child, Steven
Dien Do v. Jefferson Riddle, M.D., and Greater Houston Anesthesiology, P.A.
Appeal from 55th District Court of Harris County
Trial Court
Judge: Hon. Jeffrey Brown

Fite, MD v. Emtel, Inc. (Tex.App.- Houston [1st Dist.] Oct. 2, 2008)(op. on motion for rehearing by
Hanks)(
corporate receivership, bond)
AFFIRM TC JUDGMENT: Opinion by
Justice Hanks
Before Justices Taft, Hanks and Higley
01-07-00273-CV   Diana Fite, M.D. and Intervenor Patrick J. Woods, M.D.
v. Emtel, Inc., Joseph Degioanni, M.D., Individually and on behalf of BEPA
Appeal from 152nd District Court of Harris County
Trial Court Judge:
Hon. Kenneth P. Wise

Pittman v. Pappas Restaurants (Tex.App.- Houston [1st Dist.] July 31, 2008)(Hanks)
(
shooting in front of restaurant, not forseeable, no liability, MFC, admission of evidence)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Nuchia, Alcala and Hanks
01-07-00575-CV        Leah Pouncy Pittman, Individually and on behalf of the heirs at law of the Estate of
Delearette Montrail Pittman v. Pappas Restaurants, Inc., d/b/a Pappadeaux Seafood Kitchen
Appeal from 190th District Court of Harris County
Trial Court
Judge: Hon. Jennifer Walker Elrod

Mares v. Blaine (Tex.App.- Houston [1st Dist.] July 24, 2008)(Hanks) (appeal from DWOP)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks  
Before Justices Nuchia, Alcala and Hanks
01-07-00620-CV Samuel R. Mares, Sr. v. Victor R. Blaine
Appeal from 11th District Court of Harris County
Trial Court
Judge: Hon. Mark Davidson

City of Houston v. Buttitta (Tex.App.- Houston [1st Dist.] July 17, 2008)(Hanks)
(
City of Houston litigation, DJA, firefighters and policemen, disciplinary action,
plea to the jurisdiction against city proper)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks  
Before Justices Alcala, Hanks and Higley
01-07-00323-CV        City of Houston v. Joseph A. Buttitta
Appeal from 113th District Court of Harris County
Trial Court
Judge: Hon. Patricia Hancock

The Kroger Co. v. Persley (Tex.App.- Houston [1st Dist.] July 10, 2008)(Hanks)
(
premises liability, slip and fall suit, negligent activity)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Hanks  
Before Justices Nuchia, Hanks and Higley
01-06-00567-CV        The Kroger Company v. Sylvia R. Persley
Appeal from 129th District Court of Harris County
Trial Court
Judge: Hon. Grant Dorfman

Alexander v. DFPS (Tex.App.- Houston [1st Dist.] June 26, 2008) (subst. opinion by Hanks)
(
termination of parents' rights)
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 Shde Hurst v. Department of Family and Protective Services
Appeal from 314th District Court of Harris County
Trial Court Judge: Hon. John Phillips

Merritt, MD v. Williamson (Tex.App.  - Houston [1st Dist.] June 26, 2008)(Hanks)
(
HCLC, ILA, remanded for trial court to determine whether to grant 30-day extension for expert report)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice
Hanks | Before Justices Nuchia, Alcala and Hanks
01-08-00293-CV  Dorothy Merritt, M.D., William Warner, M.D., and Gary Horndeski, M.D. v. Alvin G.
Williamson
Appeal from 10th District Court of Galveston County
Trial Court Judge:  Hon. David E. Garner

Coleman v. Revak (Tex.App.- Houston [1st Dist.] June 19, 2008)(Hanks) (employment at will)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Nuchia, Alcala and Hanks
01-07-00438-CV Stanley Russell Coleman v. Lynn A. Revak, Revak Turbomachinery Services, Inc., Revak
Enterprises, Inc., L-Mart International Corporation, Revak Controls Corporation, Turbo Storage Service
Company, and Revak Energy, Inc.--Appeal from 11th District Court of Harris County
Trial Court
Judge: Hon. Mark Davidson  

Schwartz v. The Insurance Company of the State of Pennsylvania (Tex.App.- Houston [1st Dist.] June 19,
2008)(Hanks) (
health insurance coverage denial, delay in approval)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks  
Before Justices Nuchia, Hanks and Higley
01-07-00193-CV Rosa Schwartz v. The Insurance Company of The State of Pennsylvania, Gallagher
Bassett Services, Inc., and Belinda Ybarra
Appeal from 295th District Court of Harris County
Trial Court
Judge: Hon. Tracy Christopher  

Canales v. Womack (Tex.App.- Houston [1st Dist.] June 12, 2008)(Hanks)
(
auto accident, collision, right of way, negligence, jury trial)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks  
Before Justices Nuchia, Hanks and Bland
01-07-00222-CV        Autumn M. Canales v. Kevin H. Womack
Appeal from 333rd District Court of Harris County
Trial Court
Judge: Hon. Tracy Christopher

Lofton v. Dyer (Tex.App.- Houston [1st Dist.] May 15, 2008)(Hanks) (real estate law, trespass to try title,
adverse possession, right to trial by jury, motion for continuance)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Nuchia, Hanks and Higley
01-07-00184-CV Percy Lofton, Jr., Conal Lofton, James Lofton, Lonnie E. Turner, Carol S. Lofton Fowler,
Delilah A. Lofton, and Horace Lofton v. Eddie Dyer
Appeal from 278th District Court of Grimes County
Trial Court Judge: Hon. Kenneth Keeling  

McLane v. McLane (Tex. App.- Houston [1st Dist.] May 1, 2008) (Opinion on motion for rehearing by
Hanks)(
child support decrease, intentional 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
Trial Court Judge:  
Hon. Frank B. Rynd

In re Henry (Tex.App.- Houston [1st Dist.] Apr. 24, 2008)(Hanks)
(
dominant jurisdiction, motion to abate denied, mandamus denied)
DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Hanks  
Before Justices Taft, Hanks and Higley
01-07-00601-CV In re David Henry
Appeal from County Court at Law No 1 & Probate Court of Brazoria County
Trial Court Judge: Hon. Jerri Lee Mills  

Henry v. McMichael (Tex.App.- Houston [1st Dist.] Apr. 24, 2008)(Hanks)
(
dominant jurisdiction, anti-suit injunction, interlocutory temporary injunction appeal)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Taft, Hanks and Higley
01-07-00622-CV David Henry v. James McMichael and Elizabeth Ann Koehler Co-Independent Executors of
The Estate of W.T. McMichael and Catherine McMichael
Appeal from County Court at Law No 1 & Probate Court of Brazoria County
Trial Court Judge: Hon. Jerri Lee Mills

Clark v. Wells Fargo Bank, NA (Tex.App.- Houston [1st Dist.] Mar. 27, 2008)(Hanks)
(
probate law, right to survivorship, CDs)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Nuchia, Hanks and Higley
01-06-00896-CV Russell Scott Clark, Jerry Ann Clark, Levi Clifford Clark, Cayleigh Rene, Chance Parker,
Whitney Blair Clark, Brett Allen Metcalf, Robin Renee Metcalf Saxon, Branden Dean Metcalf, Shannon Kay
Small, Jordan Dane Small and Madison Shae Small v. Wells Fargo Bank, NA., Successor-In-Interest to First
Community Bank, NA and the Estate of Parker Williams
Appeal from Probate Court No 1 of Harris County
Trial Court Judge: Hon. Russell Austin  

Landers v. State Farm Lloyds (Tex.App.- Houston [1st Dist.] Mar. 27, 2008)(Subst. opinion by Hanks)
(
summary judgment, motion for continuance)
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
Trial Court Judge:
Hon. Tony Lindsay  

Scott v. King (Tex. App. - Houston [1st Dist.] Mar. 27, 2008)(Hanks)
(
defamation, IIED, Election Code violation)  
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Nuchia, Hanks and Higley
01-06-00565-CV John C. Scott v. William E. King
Appeal from 212th District Court of Galveston County
Trial Court Judge:
Hon. Susan Elizabeth Criss  

Ronald Lee Alexander v. Duer (Tex.App.- Houston [1st. Dist.] Mar. 13, 2008)(Hanks)
(
Rule 202 deposition, denial order not interlocutory and not appealable here, DWOJ)
DISMISS APPEAL FOR WANT OF JURISDICTION: Opinion by Justice Hanks
01-06-00256-CV Ronald Lee Alexander
Appeal from 215th District Court of Harris County
Trial court judge:
Hon. Levi Benton

City of Houston v. Hildebrandt (Tex.App.- Houston [1st Dist.] Feb. 28, 2008)(Hanks) (firefighter law suits,
UDJA, declaratory judgment, statutory penalty)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Nuchia, Hanks and Higley
01-06-00936-CV City of Houston v. Alan Hildebrandt
Appeal from 165th District Court of Harris County (
Judge Elizabeth Ray)

Lofton v. Marmaxx Operating Corp. (Tex. App.- Houston [1st Dist.] Feb. 28, 2008)(Hanks) (premises liability)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Nuchia, Hanks and Higley
01-06-01109-CV Debra Lofton v. Marmaxx Operating Corp., Individually and d/b/a T. J. Maxx
Appeal from 113th District Court of Harris County (
Judge Patricia Hancock)

Landers v. State Farm Lloyds (Tex. App.- Houston [1st Dist.] Feb. 28, 2008)(superseded subst. op by.
Hanks) (
insurance law, admission of evidence)
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 (
Judge Tony Lindsay)

Enviropower LLC v. Bear, Stearns & Co., Inc. (Tex. App.- Houston [1st Dist.] Feb. 21,
2008)(Hanks)(domestication and
enforcement of foreign judgments, exception, death penalty sanctions
leading to
default judgment)
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)
Environpwer LLC v. Bear, Sterns & Con. Inc. (Tex.App. Houston [1st Dist.] Feb. 21, 2008)
(Opinion by
en banc order by Justice Evelyn Keyes)(net worth) GRANT MOTION:
Justice Bland wrote concurrence on en banc review in Environpower LLC v. Bear, Stern & Co. Inc.
(Tex.App.- Houston [1st Dist.] Feb. 21, 2008)(Concurrence by Bland)(net worth)
Hanks wrote a dissenting opinion on en banc review in Environpower LLC v. Bear, Stern & Co. Inc.
(Tex.App.- Houston [1st Dist.] Feb. 21, 2008)(Dissent by Hanks)(net worth, supersedeas bond)

Cypress Northwest Associates, Ltd. v. Wayne Duddleston, Ltd II. (Tex.App. - Houston [1st Dist.] Feb. 21,
2008) (Superseded opinion by Hanks,
December 20, 2007 opinion withdrawn)
(
breach of contract claim, statute of limitations, breach of restrictive covenant, sj reversed)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
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 (
Hon. Sharolyn Wood)

Austin v. Countywide Home Loans (Tex.App.- Houston [1st Dist.] Feb. 7, 2008)(Hanks)
(
suit on promissory note)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Nuchia, Hanks and Higley
01-06-00547-CV Albert O. Austin v. Countrywide Home Loans, Rex L. Kessler, Thomas E. Redder and Keith
Morris
Appeal from 152nd District Court of Harris County (
Judge Kenneth P. Wise)

Satterwhite Aviation Service v. International Profit Associates, Inc. (Tex.App.- Houston [1st Dist.] Jan. 31,
2008)(Hanks) (
venue law, forum selection clause)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Nuchia, Hanks and Higley)
01-07-00053-CV Satterwhite Aviation Service v. International Profit Associates, Inc.
Appeal from 190th District Court of Harris County (
Judge Jennifer Elrod)

Also see --> 2007 Civil Case Opinions Authored by Justice Hanks  
2009 Opinions Written by Justice George C. Hanks in Civil Appeals