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 subsequently ly fired and indicted over financial misconduct. 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 |
| 2009 Opinions by Houston Appeals Court Justice George C. Hanks, Jr. |
2009 Opinions By Justice Hanks in Civil Appeals Also see --> 2010 Civil Case Opinions Written by Justice George Hanks Medina v. Benkiser (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Hanks)(plenary jurisdiction) (trial court did not have authority to modify judgment after appeal and add an award attorney's fees; prior appeal was not interlocutory), modified judgment found void) Our opinion and judgment in Medina I constituted the final resolution of the controversy between the parties, and the trial court lacked plenary power to award attorney's fees to appellees. By affirming the trial court's judgment, our judgment essentially adopted the judgment of the trial court dismissing the case for lack of jurisdiction. Because the trial court did not award attorney's fees to the appellees in its judgment--and the appellees did not raise this failure to award fees as an issue in Medina I--our opinion and judgment in Medina I closed the door on the possibility of the appellees recovering their attorney's fees in this case. We sustain appellants' first issue and hold that the trial court lacked plenary power to modify the judgment and award appellees' attorney's fees. VACATE TRIAL COUR JUDGMENT AND DISMISS CASE: Opinion by Justice Hanks Before Justices Keyes, Alcala and Hanks 01-08-00777-CV Debra Medina, Mallory Miller, Jr., Dustan Costine, Chad Creighton, Richard Wyatt and Kay Fisher v. Tina Benkiser and The Republican Party of Texas Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd Mitchell v. The Methodist Hospital (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Hanks) (medical malpractice suit, adequacy of expert report, attorney's fees in HCLC suit) (presumption of proper service, receipt of mail) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Keyes, Alcala and Hanks 01-08-00898-CV Chiquita Mitchell, Verazonda Mitchell, Dominque Mitchell, Aaron Mitchell, Samuel Mitchell, Frank Mitchell III, Carl Mitchell, Marie Ophelia, Theodore Mitchell & Johnation Mitchell v. The Methodist Hospital, Rose Young, Melissa Abbot, Denise M. Stuckey and Bernice Onyenuzi Appeal from 270th District Court of Harris County Trial Court Judge: Hon. Brent Gamble Davis v. West (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Hanks)(derived judicial immunity) (turnover relief, void vs voidable order, existence of fiduciary duty, sufficiency of notice of summary judgment hearing) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Keyes, Alcala and Hanks 01-08-01006-CV Veronica Davis v. James A. West, Henry V. Radoff, Houston Reporting Services & Prosperity Bank, Inc.. Appeal from 149th District Court of Brazoria County Trial Court Judge: Hon. Robert E. May Smith v. DFPS (Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Hanks)(termination of parent's rights) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Keyes, Hanks and Bland 01-09-00173-CV Deshann Smith a/k/a Cajuanna Peterson v. Department of Family and Protective 01-09-00390-CV Deshann Smith a/k/a Cajuanna Peterson v. Department of Family and Protective Services Appeal from 314th District Court of Harris County General Metal Fabricating, Inc. v. Stergiou (Tex.App.- Houston [1st Dist.] Nov. 5, 2009)(Hanks) (Court lacks jurisdiction over this case because the order entitled "Final Judgment" in the underlying suit was, in fact, interlocutory)(finality of judgment as prerequisite for appeal) DISMISS APPEAL: Opinion by Justice Hanks Before Justices Keyes, Alcala and Hanks 01-08-00921-CV General Metal Fabricating, Inc., GMF Leasing, Inc., and Arnold Curry v. John Stergiou and Main Marine Repair and Industrial Cleaning, Co. Appeal from 133rd District Court of Harris County Trial Court Judge: Hon. Lamar McCorkle In Re Northrop (Tex.App.- Houston [1st Dist.] Oct. 15, 2009)(Hanks)(mandamus denied re: order striking intervention) (SAPCR petition in intervention in DFPS/CPS SAPCR child protection suit, timeliness issue) DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Hanks Before Justices Keyes, Alcala and Hanks 01-09-00814-CV In Re David Arnold Northrop 01-09-00815-CV In Re David Arnold Northrop Appeal from 257th District Court of Harris County Trial Court Judge: Hon. Judy Warne SCTW Health Care Center, Inc v. AAR Incorporated (Tex.App.- Houston [1st Dist.] Oct. 15, 2009)(Hanks) (mold remediation work, breach of contract jury verdict affirmed, attorney's fees) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Hanks Before Chief Justice Radack, Justices Alcala and Hanks 01-07-00762-CV SCTW Health Care Center, Inc., Stan Steele, Wynell Suitt and WTCS Health Care Center, Inc. v. AAR Incorporated Appeal from 212th District Court of Galveston County Trial Court Judge: Hon. Susan Elizabeth Criss Harris County Medical Examiner v. Saghian (Tex.App.- Houston [1st Dist.] Oct. 8, 2009)(Hanks) (autopsy, free exercise of religion, Texas Religious Freedom Restoration Act, temporary injunction preventing autopsy vacated, standing) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-07-00951-CV Harris County Medical Examiner Luis Arturo Sanchez, M.D. v. Afsaneh Saghian Appeal from 133rd District Court of Harris County Trial Court Judge: Hon. Lamar McCorkle AccuFleet, Inc.v. Harford Fire Ins. Co. (Tex.App.- Houston [1st Dist.] Sep. 17, 2009)(Hanks) (insurance coverage dispute) AFFIRM TC JUDGMENT IN PART, REVERSE TRIAL COURT JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Keyes, Hanks and Bland 01-08-00684-CV AccuFleet, Inc. v. Harford Fire Insurance Company Appeal from 55th District Court of Harris County Trial Court Judge: Hon. Jeffrey A. Shadwick Goffney v. HISD (Tex.App.- Houston [1st Dist.] Jul. 30, 2009)(Hanks) (delinquent property tax suit, standing to appeal, preservation of error re: constitutional challenge, due process challenge, inadequate briefing results in waiver of argument on appeal) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Keyes, Hanks and Bland 01-08-00063-CV Willie H. Goffney and Gladys R. Goffney v. Houston Independent School District Appeal from 165th District Court of Harris County Trial Court Judge: Hon. Elizabeth Ray Walker v. DFPS (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Hanks) (appeal with dissenting opinion) (termination of parental rights, ineffective assistance of counsel claim) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-07-00867-CV Frederick Dewayne Walker v. Department of Family and Protective Services Appeal from 314th District Court of Harris County Trial Court Judge: Hon. John Phillips Dissenting Opinion by Justice Jennings in Walker v. DFPS termination case Rittger, MD v. Danos (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Hanks) (HCLC expert report sufficiency challenged, interlocutory appeal, ILA) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Keyes, Hanks and Bland 01-08-00588-CV Kevin Rittger, M.D. v. Lou Virgina Danos Appeal from 55th District Court of Harris County Trial Court Judge: Hon. Jeffrey A. Shadwick Thurman v. Harris County (Tex.App.- Houston [1st Dist.] Jun. 11, 2009) (Hanks) (TTCA, ferry drowning, plea to the jurisdiction improperly granted) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Before Judge Wilson, Justices Hanks and Bland. Opinion by Justice George C. Hanks, Jr. 01-07-00235-CV Joe Thurman, Individually, And As Sole Heir of the Estate of Amanda Rene Thurman v. Harris County, Texas, As a Local Governmental Unit of the State of Texas Appeal from 269th District Court of Harris County Trial Court Judge: The Honorable John T. Wooldridge Silver Lion, Inc. v. Larsen (Tex.App.- Houston [1st Dist.] May 21, 2009) (Hanks) (commercial lease, tortious interference, personal guaranty) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland) 01-07-00370-CV Silver Lion, Inc. v. R. Kent Larsen Appeal from 157th District Court of Harris County Trial Court Judge: Randall Wilson Parr v. Parr (Tex.App,- Houston [1st Dist.] May 21, 2009)(Hanks) (restricted appeal, attorneys fees award vacated in family law case, no evidence presented on fees) VACATE TC JUDGMENT AND DISMISS CASE: Opinion by Justice Hanks Before Chief Justice Radack, Justices Alcala and Hanks 01-07-00750-CV D'Juana Parr v. Brian Parr Appeal from 247th District Court of Harris County Trial Court Judge: Hon. Bonnie Hellums Harrison v. Gaubert (Tex.App.- Houston [1st Dist.] May 21, 2009)(Hanks) (Tex.App.- Houston [1st Dist.] May 21, 2009)(Hanks)(default judgment case) (default judgment improperly granted based on unserved amended petition) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Chief Justice Radack, Justices Alcala and Hanks) 01-07-00814-CV Roger Harrison v. Harold and Virginia Gaubert Appeal from 61st District Court of Harris County Trial Court Judge: Hon. John Donovan Kachar v. Harris County Attorneys (Tex.App.- Houston [1st Dist.] May 7, 2009)(Hanks) (bill of review, due diligence in using available remedies, termination of parental rights, vexatious litigant designation) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00730-CV Karen Kachar v. Harris County Attorneys Appeal from 257th District Court of Harris County Trial Court Judge: Hon. Judy Warne In Interest of BGM (Tex.App.- Houston [1st Dist.] May 7, 2009)(Hanks)(SAPCR, conservatorship) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00018-CV In the Interest of B.G.M and B.M.M, Children Appeal from 311th District Court of Harris County Trial Court Judge: Hon. Doug Warne Crown Asset Management LLC v. Short (Tex.App.- Houston [1st Dist.] Apr. 16, 2009)(Hanks) (MV note suit fails on summary judgment, inadequate documentation attached, declaratory judgment on car ownership reversed, UDJA fees reversed, no judicial admission as to MV title) AFFIRM TRIAL COURT JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT: Opinion by Justice Hanks Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00042-CV Crown Asset Management, LLC v. Christopher B. Short Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: Hon. R. Jack Cagle Daniels v. Richardson (Tex.App.- Houston [1st Dist.] Apr. 16, 2009)(Hanks) (product liability, claims against seller vs. manufacturer, warranty, DTPA, issue of jury charge error) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Chief Justice Radack, Justices Alcala and Hanks 01-06-00242-CV Jack Daniels d/b/a Daniel's Rentals v. Edward Richardson d/b/a Blue Saphire Lawn Care Appeal from County Court at Law No 1 & Probate Ct of Brazoria County Trial Court Judge: Hon. Jerri Lee Mills Town & Country Partnership, ANDV 97, Inc. v. Frontier Leasing Corp. (Tex.App.- Houston [1st Dist.] Mar. 19, 2009) (Hanks)(commercial lease, attorney's fees) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-07-00555-CV Town & Country Partnership, ANDV 97, Inc., Indiv. and in its Official Capacity as General Partner of Town & Country Partnership, and Moody-Rambin Town & Country, Ltd., Indiv. and in its Official Capacity as General Partner of Town & Country Partnership v. Frontier Leasing Corporation Appeal from 11th District Court of Harris County Trial Court Judge: Hon. Mark Davidson Baqdounes v. Nazir (Tex.App.- Houston [1st Dist.] Jan. 29, 2009)(Hanks)(informal marriage, common law marriage, collateral attack on prior divorce decree that omitted SAPCR re one child born during the marriage, void vs. voidable judgment) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-07-01102-CV Selene Lara Mateos Baqdounes v. Nazir Baqdounes Appeal from 246th District Court of Harris County Trial Court Judge: Hon. Jim York City of Houston v. O'Fiel (Tex.App.- Houston [1st Dist.] Jan. 28, 2009)(Hanks) (regulatory taking, flood zone land use, ripeness doctrine) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-08-00242-CV The City of Houston v. John O'Fiel and Mary Jane O'Fiel Appeal from Co Civil Ct at Law No 1 of Harris County Trial Court Judge: Hon. R. Jack Cagle Ogu v. Bridle Wood (Tex.App,- Houston [1st Dist.] Jan. 8, 2009)(Hanks) (declaratory judgment, attorney's fees, jury trial) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-07-00933-CV Caroline Ogu and Oakey Ugboaja v. Bridle Wood, et al Appeal from County Civil Court at Law No 4 of Harris County Kachar v. DFPS (Tex.App.- Houston [1st Dist.] Jan. 8, 2009)(Hanks) (vexatious litigant) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-08-00074-CV Karen Kachar v. Department of Family and Protective Services Appeal from 257th District Court of Harris County Trial Court Judge: The Honorable Judy L. Warne Also see --> 2010 Appellate Opinions By Justice George Hanks in Civil Appeals 2008 Appellate Opinions By Justice George Hanks in Civil Appeals 2007 Appellate Opinions By Justice George Hanks in Civil Appeals . |
