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, 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 |