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

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

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.

Most Recent 2008 Opinions in Civil Cases
written by Justice George Hanks

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)

Landers v. State Farm Lloyds (Tex.App.- Houston [1st Dist.] Feb. 28, 2008)(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)

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, statue 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)

2007 Opinions Authored 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)(SPACR, 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 Shde 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)(Hanks)(tax appeal)
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 (
The Honorable Mark Davidson)
Separate opinion by Keyes
OPINION CONCURRING IN PART WITH, AND DISSENTING IN PART TO, THIS COURT'S JUDGMENT:
Concurring Opinion by Justice Keyes
Before Justice 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)

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

The AIM Group v. Golden (Tex.App.- Houston [1st Dist.] Feb. 15, 2007)(Hanks)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
(Before Justices Taft, Alcala and Hanks)
01-05-00683-CV        The AIM Group, Inc. v. Larry Golden--Appeal from 189th District Court of Harris
County

Royce Homes v. Espinoza (Tex.App.- Houston [1st Dist.] Feb. 8, 2007)(Hanks)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by
Justice Hanks
(Before Justices Taft, Alcala and Hanks)
01-05-00369-CV        Royce Homes, L.P. v. Gilbert Espinoza b/d/a GECC Construction
Appeal from Co Civil Ct at Law No 3 of Harris County


In re Westwood Affiliates, LLC (Tex.App.- Houston [1st Dist.] Feb. 8, 2007)(Hanks)
DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Hanks
(Before Justices Taft, Keyes and Hanks)
01-06-00471-CV        In re Westwood Affiliates, L.L.C.--Appeal from 127th District Court of Harris County


Juarez v. The State of Texas (Tex.App.- Houston [1st Dist.] Feb. 8, 2007)(Hanks)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
(Before Justices Taft, Alcala and Hanks)
01-05-01124-CR        Yesy Bladamir Juarez v. The State of Texas--Appeal from 268th District Court of Fort
Bend County


Newton v. The State of Texas (Tex.App.- Houston [1st Dist.] Feb. 1, 2007)(Hanks)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
(Before Justices Taft, Alcala and Hanks)
01-05-00441-CR        Ervin Lydell Newton v. The State of Texas--Appeal from 339th District Court of Harris
County

Nivens v. City of League City (Tex.App.- Houston [1st Dist.] Jan. 18, 2007)(Hanks)
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

TSU v. State Street Bank and Trust, No. 01-05-00758-CV (Tex.App.- Houston [1st Dist.] Jan. 11,
2007)(Hanks)(substitute opinion)
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)
01-05-00758-CV        Texas Southern University v. State Street Bank and Trust Company, CMS Viron
Corporation--Appeal from 80th District Court of Harris County

TSU v. State Street Bank and Trust (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:
Concurring and Dissenting Opinion by Justice Keyes
(Before Justices Nuchia, Keyes and Hanks)
01-05-00758-CV        Texas Southern University v. State Street Bank and Trust Company, CMS Viron
Corporation--Appeal from 80th District Court of Harris County

TSU v. State Street Bank and Trust, No. 01-06-00497-CV (Tex.App.- Houston [1st Dist.] Jan. 11,
2007)(Hanks)(substitute opinion)
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

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:
Concurring and Dissenting Opinion by Justice Keyes
(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

Allen v. The State of Texas (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Hanks)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by
Justice Hanks
(Before Chief Justice Radack, Justices Jennings and Hanks)
01-04-00235-CR        Kimberly Lynn Allen v. The State of Texas--Appeal from Co Crim Ct at Law No 10 of
Harris County

Brazoria County v. Colquitt (Tex.App.- Houston [1st Dist.] Jan. 4, 2007)(Hanks)
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