Opinions by Justices of the
Houston Courts of Appeals

Fourteenth Court of Appeals
Chief Justice Adele Hedges
Briefing attorneys:
Marie Jamison, Chris Kruger
Justice
John Anderson
Justice Bill Boyce
Justice Jeff Brown
Justice Richard Edelman (2007)
Justice Wanda Fowler
Justice Eva M. Guzman
Justice J. Harvey Hudson (2007)
Justice Charles W. Seymore
Justice Kem Thompson Frost
Justice Leslie Brock Yates

First Court of Appeals

Chief Justice Sherry Radack
Justice Tim Taft
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

Houston Trial Court Judges
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2007 OPINIONS BY CHIEF JUSTICE HEDGES IN CIVIL APPEALS
Also see -->
Most recent civil appellate opinions by Chief Hedges

Fedgess Shopping Centers, Ltd. v. MNC SSP, Inc. (Tex.App. Houston [14th Dist.] Dec. 18,
2007)(Hedges) (
real estate law, escrow funds)
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Anderson and Seymore
14-07-00211-CV Fedgess Shopping Centers, Ltd. v. MNC SSP, Inc.; MNC MCT, Inc.; MNC
Memorial City Terrace, L.P.; and MNC Spring Shadows Place, L.P.
Appeal from 190th District Court of Harris County (
Hon. Jennifer Elrod Walker)

Supermercado Teloloapan, Inc. v. City of Houston (Tex.App.- Houston [14th Dist.] Dec. 18,
2007)(Hedges)(
government entities, regulation, declaratory judgment, UDJA)
AFFIRMED: Opinion by Chief Justice Hedges, Dissenting Opinion by Justice Edelman
Before Chief Justice Hedges, Justices Fowler and Edelman
14-06-00472-CV Supermercado Teloloapan, Inc. d/b/a Teloloapan Meat Market v. City of
Houston
Appeal from 80th District Court of Harris County (
Hon. Kent Sullivan)
Justice
Edelman dissented in Supermercado Teloloapan, Inc. v. City of Houston (Tex.App.-
Houston [14th Dist.] Dec. 18, 2007)(Dissenting Opinion by Justice Edelman) (exhaustion of
administrative remedies, exclusive jurisdiction doctrine)

Allstate Indemnity Co. v. Hadley Medical Clinic (Tex.App.- Houston [14th Dist.] Dec. 13,
2007)(Hedges) (personal injury settlement,
PI-auto, third-party beneficiary, quasi - estoppel)
REVERSED AND REMANDED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Anderson and Seymore
14-06-00436-CV Allstate Indemnity Company and Allstate Property and Casualty Insurance
Company v. Hadley Medical Clinic, Hampton Medical Clinic, Imperial Valley Medical Clinic, and
Southwest Houston Physician Center
Appeal from County Civil Court at Law No 1 of Harris County (
R. Jack Cagle)

Looper v. HCCS (Tex.App.- Houston [14th Dist.] Nov. 29, 2007)(Hedges)(public employment,
breach of contract, defamation, IIED, whistleblower act)
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Hudson and Frost
14-07-00040-CV Stan H. Looper and Cynthia M. Scott v. Houston Community College
System, Bruce Leslie, Diana Castillo, and Reynaldo Garay
Appeal from 152nd District Court of Harris County (
Hon. Ken P. Wise)

Galveston ISD v. Jaco (Tex.App.- Houston [14th Dist.] Nov. 15, 2007)(Hedges)(public
employment, ILA dismissed DWOJ, defendant's arguments not jurisdictional, cannot be
appealed in
interlocutory appeal)
DISMISSED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Anderson and Seymore
14-07-00313-CV Galveston Independent School District v. Brent Jaco
Appeal from 56th District Court of Galveston County (Hon. Lonnie Cox)

Smith v. TDCJ (Tex.App.- Houston -14th Dist.] Nov. 6, 2007)(Hedges)(governmental entity
law, wrongful death, electrocuted inmate, TTCA, sovereign immunity bars claim)
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Anderson and Seymore
14-07-00064-CV Alice Smith, Individually and on behalf of Donald Ray Smith, Deceased v.
Texas Department of Criminal Justice
Appeal from 412th District Court of Brazoria County (Hon. W. Edwin Denman)

City of Alvin v. Zindle (Tex.App.- Houston [14th Dist.] Oct. 26, 2007)(Hedges)(UDJA, tax
foreclosure, real estate and tax law)
REVERSED AND REMANDED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Anderson and Seymore
14-06-01147-CV City of Alvin v. Sallie Zindle
Appeal from 239th District Court of Brazoria County (Hon. Patrick Edward Sebesta)

Halla v. Halla (Tex.App.- Houston [14th Dist.] Aug. 21, 2007)(Hedges)
(
SAPCR, MTM, mediated settlement agreement)
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Hudson and Guzman)
14-06-01126-CV Keith James Halla v. Dina Marie Halla
Appeal from 306th District Court of Galveston County (Janis Louise Yarbrough)

Bosch v. Provident American Life and Health Ins. Co. (Tex.App.- Houston [14th Dist.] Aug. 16,
2007)(Hedges) (
insurance coverage denial, policy cancellation, multiple appeals, remand,
law of the case)
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Hudson and Guzman
14-06-00694-CV Yigal Bosch v. Provident American Life and Health Insurance Company
Appeal from
113th District Court of Harris County (name of judge not shown on docket)

Forrester v. Emmanuel Ginn, A&R Transport, Inc., (Tex.App.- Houston [14th Dist.] Jul. 26,
2007)(Hedges)(DWOJ,
restricted appeal)
AFFIRMED: Opinion by Chief Justice Hedges
Nota bene::This opinion was withdrawn and a substitute opinion reversing the trial court's
dismissal judgment was entered Jan 10, 2008
Before Chief Justice Hedges, Justices Hudson and Guzman
14-06-00549-CV Jeff Forrester and Kim Forrester v. Emmanuel Ginn, A&R
Transport, Inc., Keith Jackson, and Steve Brantley
Appeal from 333rd District Court of Harris County (
Judge Joseph J. Halbach)

Page v. Hulse (Tex.App.- Houston [14th Dist.] Jul. 26, 2007)(Hedges) (breach of lease)
AFFIRMED: Opinion by Justice Brock Yates
Before Justices Brock Yates, Edelman and Seymore
14-06-00731-CV Temple B. Page v. Maureen Lorraine Hulse
Appeal from 125th District Court of Harris County (
Judge John A. Coselli)

Damian Chaupin, M.D. v. Melissa Schroeder (Tex.App.- Houston [14th Dist.] Jul. 26,
2007)(Hedges)(
HCLC, ILA, expert report)
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Fowler and Edelman
14-06-01102-CV Damian Chaupin, M.D. v. Melissa Schroeder, Individually
as wrongful death beneficiary of Zane Schroeder, deceased, and as
Administrator of the Estate of Zane Schroeder, Deceased
Appeal from Probate Court No 2 of Harris County (Judge Michael James Wood)
Abraham v. Union Pacific Railroad Co. (Tex.App.- Houston [14th Dist.] Jun. 28,
2007)(Hedges)(toxic tort, causation issue)
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Hudson and Edelman
14-06-00419-CV Clarence Abraham, Et Al v. Union Pacific Railroad Co.
Appeal from 295th District Court of Harris County
(
Hon. Tracy Kee Christopher)

Landaverde v. Centurion Capital Corporation (Tex.App.- Houston [14th Dist.] Jun. 28,
2007)(Hedges)(
credit card debt suit)
REVERSED AND REMANDED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Hudson and Guzman
14-06-00712-CV Jose A. Landaverde v. Centurion Capital Corporation
Appeal from Co Civil Ct at Law No 1 of Harris County (
Judge R. Jack Cagle)

Sondock v. HCAD (Tex.App.- Houston [14th Dist.] May 31, 2007)(Hedges)
[
property tax, HCAD appeal, unequal assessment]
AFFIRMED: Opinion by
Chief Justice Hedges
Before Chief Justice Hedges, Justices Hudson and Guzman
14-06-00676-CV Deborah S. Sondock, as the Property Owners and the Property Owners v.
Harris County Appraisal District
Appeal from 125th District Court of Harris County (Hon. John A. Coselli)

Sheth v. Dearen (Tex.App.- Houston [14th Dist.] May 24, 2007)(Hedges)
[
TTCA, HCLC, immunity, motion to dismiss employee of governmental entity]
REVERSED AND REMANDED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Hudson and Guzman
14-07-00004-CV Dhiren S. Sheth v. Donald C. Dearen
Appeal from 334th District Court of Harris County  (
Judge Sharon McCally)

In Re General Agents Ins. Co. of America, Inc. (Tex.App.- Houston [14th Dist.] May 15,
2007)(Hedges)(
discovery mandamus)
GRANTED IN PART AND DENIED IN PART: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Brock Yates and Seymore
14-06-00930-CV In Re: General Agents Insurance Company of America, Inc.
Appeal from 165th District Court of Harris County (
Judge Elizabeth Ray)

Absence of Clerk's Record Requires Reversal For New Trial
Gavrel v. Rodriguez, M.D., (Tex.App.- Houston [14th Dist.] May 3, 2007)(appellate record,
HCLC, absence of reporter's record requires reversal and new trial)
REVERSED AND REMANDED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Hudson and Guzman
14-04-00637-CV Louis John Gavrel v. Jose E. Rodriguez, M.D., and Grant R. McKeever,
M.D. PA
Appeal from 11th District Court of Harris County (
Judge Mark Davidson)

Challenge to Summary Judgment on the Ground that it Denies Right to Jury Trial
Fails; findings of facts not required upon grant of summary judgment
Harris v. Aames Capital Corp. (Tex.App.- Houston [14th Dist.] Mar. 22, 2007)(Hedges)
(complaint about denial of jury trial by summary judgment, findings of fact)
AFFIRMED: Opinion by Chief Justice Hedges
(Before Chief Justice Hedges, Justices Fowler and Edelman)
14-06-00124-CV William Frances Harris, Sr. v. Aames Capital Corporation a/ka/ Aames
Capitol Corp.
Appeal from 56th District Court of Galveston County
Trial Court Judge: Lonnie Cox  

Belteton, v. Desco Steel Erectors and Concrete, Inc (Tex.App.- Houston [14th Dist.] Mar. 13,
2007)(Justice Hedges) (
workplace death, agency, negligence, duty, control)
AFFIRMED: Opinion by Chief Justice Hedges
(Before Chief Justice Hedges, Justices Fowler and Edelman)
14-06-00301-CV Luis Arturo Guevara Belteton, Temporary Administrator of the Estate of
Flavio Gonzales-Soto, Et Al v. Desco Steel Erectors and Concrete, Inc. and Jose De Santiago
d/b/a Desco Steel Erectors Et Al
Appeal from 61st District Court of Harris County
Trial Court Judge:
John J. Donovan  

Tan v. Lee (Tex.App.- Houston [14th Dist.] Feb. 27, 2007)(opinion by Justice
Hedges)[
confirmation of arbitration award, notice issue, due process argument rejected]

Yadzchi v. Chesney (Tex.App.- Houston [14th Dist.] Jan. 30, 2007)(Hedges)
[
home owner law, condo association, unjust enrichment, conversion, fraud]
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Fowler and Edelman
14-05-00817-CV        Abbas Yadzchi, Et Al v. William S. Chesney, III, Et Al
Appeal from County Civil Court at Law No 4 of Harris County
(
Judge Roberta Anne Lloyd)

Sydow v. Verner, Liipfert, Bernhard, McPerson and Hand,
No. 14-05-00877-CV (Tex.App.- Houston [14th Dist.] Jan. 25, 2007)(Hedges) [
arbitration law,
confirmation of arbitration award]
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Seymore and Mirabal
14-05-00877-CV        Michael D. Sydow v. Verner, Liipfert, Bernhard, McPherson and Hand,
Chartered
Appeal from 55th District Court of Harris County (
Judge Jeff Brown)

Mandell v. Mandell (Tex.App.- Houston [14th Dist.] Jan. 9, 2007)(Hedges)
[
probate law, breach of contract, attorney's fees, finality, preferential right to purchase]
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Fowler and Edelman
14-06-00031-CV        David M. Mandell v. Jeanne Mandell, Joyce Field, and Susan
Alexander, Independent Co-Executrices of the Estate of Sam Field, Deceased
Appeal from
Probate Court No 2 of Harris County (Judge Michael James Wood)

Also see ---> 2008 OPINIONS BY JUSTICE HEDGES IN CIVIL APPEALS
2009 OPINIONS BY CHIEF JUSTICE HEDGES | MOST RECENT OPINIONS BY
CHIEF JUSTICE ADELE HEDGES  

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Chief Justice Adele Hedges previously served
as an associate justice on the First Court of
Appeals, which also has its seat in Houston.
She was promoted to chief justice of the
Fourteenth at the end of 2003 when the former
head of that court,
Scott Brister, joined the
Texas Supreme Court. The Hon. Adele Hedges
holds graduate degrees from Rice and UH, and
earned her law degree at the University of
Houston Law Center. Hedges practiced civil and
appellate law, and also worked in an academic
capacity at Rice University for a year.

In Fiscal Year 2007 Hedges wrote 64 signed
original opinions on the merits and 71 per
curiam opinions. She never dissented and
wrote only one concurring opinion.
HOUSTON JUSTICES
1st and 14th Court of Appeals

Justice Alcala, Elsa
Justice Anderson, John
Justice Bland, Jane
Justice Brown, Jeff
Justice Boyce, William (Bill)  
Justice Edelman, Richard
Justice Fowler, Wanda (resigned)
Justice Frost, Kem Thompson
Justice Guzman, Eva
Justice Hanks, George C., Jr.
Chief Justice Hedges, Adele
Justice Higley, Laura Carter
Justice Hudson, Harvey J.
Justice Jennings, Terry
Justice Keyes, Evelyn
Justice Nuchia, Sam
Chief Justice Radack, Sherry
Justice Seymore, Charles
Justice Taft, Timothy (Tim)
Justice Yates, Leslie Brock

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2007 Opinions in Civil Appeals by Hon. Adele Hedges
Chief Justice of the 14th Court of Appeals
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