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 later joined the Texas Supreme Court and retired from the high court in 2009. Justice Hanks is the only African-American on the First Court of Appeals. Justice Hanks wrote 119 opinions in fiscal year 2008-09, 67 of which were signed opinions. He did not issue any concurring or dissenting opinions. 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 fired and indicted over financial misconduct. TSU v. State Street Bank and Trust. Justice Hanks 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 |
| 2010 Opinions by Houston Appeals Court Justice George C. Hanks, Jr. |
9/3/10 UPDATE: Justice Hanks has tendered his resignation as Justice effective September 14, 2010 to accept appointment as a United States Magistrate Judge in the United States District Court In Houston. Successor on the appellate bench to be chosen by the Governor. Recent Opinions By Justice Hanks in Civil Appeals Also see --> 2009 Civil Case Opinions Written by Justice George Hanks Conte v. Ditta (Tex.App.- Houston [1st Dist.] Mar. 11, 2010)(Hanks) (on remand from Texas Supreme Court, which held that “[n]o statute of limitations period applies in a trustee-removal suit) (action to remove trustee, accounting by trustee, appointment of successor trustee, modification of trust due to change in circumstances) AFFIRM TRIAL COURT JUDGMENT IN PART, REVERSE TRIAL COURT JUDGMENT IN PART, AND REMAND CASE TO TRIAL COURT FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Alcala, Hanks and Bland 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 Trial Court Judge: Hon. Russell Austin Doyle v. Heilman (Tex.App.- Houston [1st Dist.] Mar. 11, 2010)(Hanks) (probate matter, claim against estate by friend/caregiver not provided for in care-recipient's will fails, judgment on quantum meruit claim for personal care services reversed, element of notice of expectation to be paid for services provided not satisfied in this case) Following a bench trial, the court awarded appellee, Leticia G. Heilman, $72,300 in damages on her claim for quantum meruit against Charlotte Doyle, as executor of the estate of Alfred Miller. The court also awarded $16,177.50 in attorney’s fees and additional amounts in the event of an appeal. On appeal, Doyle contends that the trial court erred by (1) failing to apply Texas Probate Code Section 59A, the statute of frauds, statute of limitations, and laches; (2) applying the equitable principle of quantum meruit to allow for a recovery barred by Probate Code Section 59A; (3) finding the evidence to be legally and factually sufficient to support Heilman’s claim for quantum meruit; (4) awarding damages not supported by the evidence; (5) overruling Doyle’s Daubert challenge to the qualifications of Heilman’s expert; and (6) awarding legal fees. Because we find that Heilman failed to establish a claim for quantum meruit as a matter of law, we sustain Doyle’s third issue and need not address the others. We reverse the judgment of the trial court and render judgment that Heilman take nothing. REVERSE TRIAL COURT JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-09-00164-CV Charlotte Doyle, as Executor of The Estate of Alfred Miller, Deceased v. Leticia G. Heilman Appeal from Probate Court No 1 of Harris County Ontiveros v. Williams (Tex.App.- Houston [1st Dist.] Feb. 11, 2010)(Hanks) (breach of residential lease claim, mitigation of damages and failure to mitigate as affirmative defense, trial by consent in summary judgment context, partial summary judgment on liability only, proving amount of damages, attorney's fees) REVERSE TRIAL COURT JUDGMENT AND REMAND CASE FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-09-00454-CV Francisca Rosales and Jose Ontiveros v. Kimberly Williams Appeal from County Civil Court at Law No 3 of Harris County Trial Court Judge: Hon. Linda Storey 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 Also see --> 2009 Appellate Opinions By Justice Hanks in Civil Appeals 2008 Appellate Opinions By Justice George Hanks in Civil Appeals 2007 Civil Appellate Opinions By Justice George Hanks |
