| 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 Houston Opinions Home Page |
2008 OPINIONS BY CHIEF JUSTICE HEDGES IN CIVIL APPEALS In re Credit Suisse First Boston Mortgage Capital LLC (Tex.App- Houston [1st Dist.] Dec. 18, 2008)(Hedges)(arbitration, nonsignatories, jury waiver, nonsignatories, agency theory, choice of law preemption, forum preemption) MOTION OR WRIT DENIED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Hudson and Boyce 14-08-00819-CV In Re: Credit Suisse First Boston Mortgage Capital, L.L.C. and Credit Suisse First Boston, L.L.C.--Appeal from 165th District Court of Harris County Royal I.S.D. v. Ragsdale, Jr. (Tex.App.- Houston [14th Dist.] Nov. 25, 2008)(Hedges) (tax suit, excess proceeds from foreclosure sale, limitations) DISMISSED: Opinion by Chief Justice Hedges (Before Chief Justice Hedges, Justices Brown and Boyce) 14-07-00181-CV Royal Independent School District v. John W. Ragsdale, Jr., as Trustee for the Chapter 7 Bankruptcy Estate of Mortgage Funding Network, Inc. Appeal from 9th District Court of Waller County In re Memorial Hermann Healthcare System (Tex.App.- Houston [14th Dist.] Oct. 9, 2008)(Hedges)(discovery mandamus denied, privilege, anti-trust litigation) MOTION OR WRIT DENIED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Hudson and Frost 14-08-00204-CV In Re Memorial Hermann Healthcare System and Memorial Hermann Hospital System--Appeal from 61st District Court of Harris County Trial Court Judge: Hon. John Donovan CONCURRING: Concurring Opinion by Justice Frost McCloskey v. McCloskey (Tex.App.- Houston [14th Dist.] Sep. 9, 2008)(Hedges) (attorney's fees incurred in SAPCR litigation not child support, child support, scope of remand) AFFIRMED: Opinion by Chief Justice Hedges Before Price, Chief Justice Hedges, Justice Boyce 14-06-00470-CV Christopher Joseph McCloskey v. Anne Miriam McCloskey Appeal from 387th District Court of Fort Bend County In Interest of DCM, LGM (Tex.App.- Houston [14th Dist.] Sep. 9, 2008)(Hedges) (SAPCR modification, multiple issues on appeal, best interest, mischaracterization of attorney's fees as child support corrected) AFFIRMED: Opinion by Chief Justice Hedges Before Price, Chief Justice Hedges, Justice Boyce 14-06-00844-CV In the Interest of D.C.M. and L.G.M Appeal from 387th District Court of Fort Bend County Trial Court Judge: Robert J. Kern In re Browning-Ferris Industries, Inc. (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Hedges)(discovery mandamus denied, motion to compel) MOTION OR WRIT DENIED: Opinion by Chief Justice Hedges Before Price, Chief Justice Hedges, Justice Boyce 14-07-00899-CV In Re: Browning-Ferris Industries, Inc. and Azusa Land Reclamation, Inc. Appeal from 215th District Court of Harris County Trial Court Judge: Hon. Levi James Benton Browning-Ferris Industries, Inc. v. United States Fire Ins. Co. (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Hedges) (sealing order) REVERSED AND RENDERED: Opinion by Chief Justice Hedges Before Price, Chief Justice Hedges, Justice Boyce 14-07-01080-CV Browning-Ferris Industries, Inc. and Azusa Land Reclamation, Inc. v. United States Fire Insurance Company and TIG Insurance Company Appeal from 215th District Court of Harris County Trial Court Judge: Levi James Benton Pirate's Lake Ltd. v. Vestin Realty Mortgage I, Inc., No. 14-08-00085-CV (Tex.App.- Houston [14th Dist.] Aug. 12, 2008)(appointment of receiver challenged, but foreclosure of property at issue moots case) (foreclosure case law, mootness doctrine) DISMISSED AS MOOT: Opinion by Chief Justice Hedges Before Price, Chief Justice Hedges, Justice Boyce 14-08-00085-CV Pirate's Lake, Ltd. v. Vestin Realty Mortgage I, Inc., Vestin Realty Martgage II, Inc., Vestin Fund III, L.L.C., and Vestin Mortgage, Inc.| Appeal from 56th District Court of Galveston County Trial Court Judge: Lonnie Cox Clear Lake City Water Authority v. Kirby Lake Development (Tex.App.- Houston [14th Dist.] Aug. 7, 2008)(Hedges) (local governmental entity, immunity waived, but no breach of contract) REVERSED AND RENDERED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Hudson and Boyce 14-08-00013-CV Clear Lake City Water Authority v. Kirby Lake Development, LTD., Miter Development Company, L.L.C. and Taylor Lake, LTD. Appeal from 113th District Court of Harris County Trial Court Judge: Hon. Patricia Hancock In re Sterling Chemicals, Inc. (Tex.App.- Houston [14th Dist.] Aug. 7, 2008)(Hedges)(forum selection clause ambiguous, not enforced, mandamus denial) MOTION OR WRIT DENIED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Hudson and Boyce 14-08-00280-CV In Re: Sterling Chemicals, Inc., Richard Crump, John Beaver, Resurgence Asset Management, LLC, Byron Haney and Paul Rostek Appeal from 212th District Court of Galveston County Trial Court Judge: Hon. Susan Elizabeth Criss Wellington Underwriting Agencies Limited v. The Houston Exploration Co. (Tex.App.- Houston [1st Dist.] July 17, 2008)(Hedges) (ILA certified, insurance coverage, oil production offshore) REVERSED AND REMANDED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Fowler and Boyce 14-07-00970-CV Wellington Underwriting Agencies Limited, Et Al v. The Houston Exploration Company and Offshore Specialty Fabricators, Inc. Appeal from 234th District Court of Harris County Trial Court Judge: Reese Rondon Ganim v. Cotton USA, LP (Tex.App.- Houston [14th Dist.] July 10, 2008)(Hedges) (quantum meruit) AFFIRMED AS MODIFIED: Opinion by Chief Justice Hedges Before Price, Chief Justice Hedges, Justice Boyce 14-07-00835-CV John Ganim v. Cotton USA, L.P. Appeal from 55th District Court of Harris County In the Interest of CJ (Tex.App.- Houston [14th Dist.] July 10, 2008)(Hedges) (termination of parental rights) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Hudson and Boyce 14-07-00838-CV In the Interest of C.J., a child Appeal from 311th District Court of Harris County Trial Court Judge: Hon. Doug Warne In the Interest of CMJ (Tex.App.- Houston [14th Dist.] July 10, 2008)(Hedges) (termination of parental rights) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Hudson and Boyce 14-07-00839-CV In the Interest of C.M.J., a Child Appeal from 311th District Court of Harris County Trial Court Judge: Hon. Doug Warne Hofstatter v. General Interior Construction, Inc. (Tex.App.- Houston [14th Dist.] July 3, 2008)(Hedges) (special appearance denied) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Frost 14-07-00270-CV Dan Kelly and Laura Hofstatter v. General Interior Construction, Inc. Appeal from 125th District Court of Harris County Trial Court Judge: John A. Coselli Dissenting Opinion by Justice Frost Marline Deandre House v. State of Texas (Tex.App.- Houston [ 14th Dist.] June 24, 2008)(Hedges) (civil commitment of person acquitted of murder of family member on basis of insanity defense) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Boyce 14-07-00306-CV Marlin Deandre House v. The State of Texas Appeal from 208th District Court of Harris County Trial Court Judge: Denise Collins In re Credit Suisse (Tex.App.- Houston [14th Dist.] June 17, 2008)(Hedges) (contractual jury waiver) MOTION OR WRIT DENIED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Hudson and Boyce 14-08-00132-CV In Re Credit Suisse First Boston Mortgage Capital, L.L.C. and Credit Suisse First Boston, L.L.C. Appeal from 165th District Court of Harris County Trial Court Judge: Elizabeth Ray Ward v. Northamption MUD (Tex.App.- Houston [14th Dist.] June 12, 2008) (Hedges) (easement dispute) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Hudson and Boyce 14-07-00868-CV Robert Ward v. Northampton Municipal Utiity District Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Roberta Anne Lloyd Reinhardt v. Walker (Tex.App.- Houston [14th Dist.] June 12, 2008)(Hedges) (partnership dispute, fees) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Fowler and Boyce 14-07-00304-CV Patrick Reinhardt v. Joe Walker Appeal from 412th District Court of Brazoria County Trial Court Judge: W. Edwin Denman Merck & Co., Inc. v. Ernst (Tex.App.- Houston [14th Dist.] May 29, 2008)(Hedges) (Vioxx jury award overturned, insufficient evidence of causal link) REVERSED AND RENDERED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Brown 14-06-00835-CV Merck & Co., Inc. v. Carol A. Ernst, Individually and as Representative of the Estate of Robert Charles Ernst, Deceased Appeal from 23rd District Court of Brazoria County Trial Court Judge: Ben Hardin Arboretum Nursing and Rehabilitation Center of Winnie, Inc. v. Isaacks (Tex.App.- Houston [14th Dist.] May 22, 2008)(Hedges) (HCLC, expert report) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brown and Boyce 14-07-00895-CV Arboretum Nursing and Rehabilitation Center of Winnie, Inc v. Mary Isaacks, Individually and as Representative of the Estate of Robert Isaacks SR., Deceased and Robert L. Isaacks, JR and Debra Gernert Individually--Appeal from 253rd District Court of Chambers County (Name of judge not shown on docket) HCAD v. Shell Oil Co. (Tex.App.- Houston [14th Dist.] May 22, 2008)(Hedges) (tax exemption, FTZ exemption, jurisdictional dispute) AFFIRMED: Opinion by Chief Justice Hedges (Before Chief Justice Hedges, Justice Anderson, Senior Justice Murphy) 14-07-00106-CV Harris County Appraisal District v. Shell Oil Co. Appeal from 215th District Court of Harris County Trial Court Judge: Levi James Benton Ahmed v. Metro (Tex.App.- Houston [14th Dist.] May 20, 2008)(Hedges) (inverse condemnation, takings claim) REVERSED AND REMANDED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Boyce 14-07-00739-CV Syed Ahmed v. Metropolitan Transit Authority Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle Stelly v. Citibank (Tex.App.- Houston [14th Dist.] May 15, 2008)(Hedges) (credit card debt suit, appeal mooted by trial court's grant of motion for new trial MNT) DISMISSED: Opinion by Chief Justice Hedges 14-07-00601-CV Diane T. Stelly v. Citibank (South Dakota) N.A. Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Roberta Anne Lloyd In re General Agents Ins. Co. (Tex.App.- Houston [14th Dist.] May 15, 2008)(Substitute opinion by Hedges) (severance, mandamus granted, TRCP 41, motion to abate) MOTION OR WRIT GRANTED: Opinion by Chief Justice Hedges 14-07-00771-CV In Re: General Agents Insurance Company of America Appeal from 165th District Court of Harris County Trial Court Judge: Elizabeth Ray In Re Israel Dominguez, Sr. (Tex.App.- Houston [14th Dist.] May 5, 2008) (Hedges) (child support contempt, commitment order void, habeas granted) MOTION OR WRIT GRANTED: Opinion by Chief Justice Adele Hedges Before Chief Justice Hedges, Justices Seymore and Brown 14-08-00206-CV In Re Israel Dominguez, Sr. Appeal from 247th District Court of Harris County Trial Court Judge: Hon. Bonnie Crane Hellums URI Cohen v. Hawkins (Tex.App. - Houston [14th Dist.] Apr. 15, 2008)(Hedges) (real estate transaction, setting aside deed, clean hands, bona fide purchaser) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00043-CV URI Cohen v. Delores Hawkins Appeal from 334th District Court of Harris County Trial Court Judge: Sharon McCally AKIB Construction, Inc. v. Neff Rental, Inc. (Tex.App.- Houston [14th Dist.] Apr. 3, 2008)(Hedges) (breach not a sworn account claim, breach of contract contract not formed, quantum meruit claim fails) REVERSED AND REMANDED: Opinion by Chief Justice Hedges 14-07-00063-CV AKIB Construction, Inc. v. Neff Rental, Inc. Appeal from County Civil Court at Law No 3 of Harris County Trial Court Judge: Ed Landry Equistar Chemicals, LP v. Dresser-Rand Co. (Tex.App.- Houston [14th Dist.] Apr. 1, 2008)(Opinion on remand by Hedges)(damages) REVERSED AND REMANDED: Opinion by Chief Justice Hedges 14-02-00874-CV Equistar Chemicals, LP v. Dresser-Rand Company Appeal from 11th District Court of Harris County Trial Court Judge: Mark Davidson Exxon Mobil Corp. v. Hines No. 14-06-00745-CV (Tex.App. - Houston [14th Dist.] Feb. 26, 2008)(Hedges) (employment law, age discrimination, defamation) AFFIRMED AS MODIFIED: Opinion by Chief Justice Hedges Before Price, Chief Justice Hedges, Justice Seymore Exxon Mobil Corporation v. Dwight Hines and Shannon Everett Appeal from 125th District Court of Harris County (Judge John Coselli) Comunidad Balboa, LLC. v. City of Nassau Bay (Tex.App.- Houston [14th Dist.] Feb. 19, 2008)(Hedges) (default judgment reversed, no-answer default judgment not proper after answer filed, finality) REVERSED AND REMANDED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justice Anderson, Senior Justice Murphy 14-07-00259-CV Comunidad Balboa, LLC v. City of Nassau Bay Appeal from 164th District Court of Harris County (Judge Martha Hill Jamison) Lovall v. Yen (Tex.App.- Houston [14th Dist.] Feb. 12, 2008) (Hedges) (lease law, eviction, lease, unpaid rent, bond, supersedeas, registry of the court) DISMISSED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Boyce 14-07-00770-CV Lizzie Lovall v. Judy Yen Appeal from Co Civil Ct at Law No 3 of Harris County (Judge Hon. Lynn Bradshaw-Hull) In Re Crown Castle Int. Group (Tex.App.- Houston [14th Dist.] Jan. 29, 2008)(Hedges) (discovery mandamus, protective order, biz organization law, shareholder suit) MOTION OR WRIT GRANTED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Guzman and Boyce 14-07-00460-CV In Re: Crown Castle International Corp Appeal from 234th District Court of Harris County (Honorable Reece Rondon) Walker v. Travelers Indemnity Co. (Tex.App. - Houston [14th Dist.] Jan. 15, 2008)(Hedges)(insurance coverage, auto damage, appellate sanctions denied) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justice Anderson, Senior Justice Murphy 14-07-00238-CV Bari Walker v. Travelers Indemnity Company A/K/A Travelers Insurance Appeal from 113th District Court of Harris County (name of judge not shown on appellate docket sheet) Thottumkal v. McDougal No. 14-06-00364-CV (Tex.App.- Houston [14th Dist.] Jan. 15, 2008)(Hedges)(frivolous suit sanctions affirmed) AFFIRMED AS MODIFIED: Opinion by Chief Justice Hedges, Concurring Opinion by Justice Edelman Before Chief Justice Hedges, Justices Fowler and Edelman Jose Thottumkal and Saramma Thottumkal v. Larry McDougal Appeal from 268th District Court of Fort Bend County (Judge Brady G. Elliott) Concurring Opinion by Justice Edelman Forrester v. Ginn (Tex.App.- Houston [14th Dist.] Jan. 10, 2008)(substitute majority opinion on rehearing by Hedges)(DWOP dismissal reversed in restricted appeal, no notice of intent to dismiss) REVERSED AND REMANDED: Opinion by Chief Justice Hedges 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 (Hon. Joseph J. Halbach) Also see ---> 2007 OPINIONS BY JUSTICE HEDGES IN CIVIL APPEALS 2009 OPINIONS BY CHIEF JUSTICE HEDGES | MOST RECENT OPINIONS BY CHIEF JUSTICE ADELE HEDGES Find more judge and court information on the houston-opinions.com Home Page |
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| Houston Court of Appeals Contest - Fourteenth Court of Appeals - Place 1 |
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| Opinions in Civil Appeals by Hon. Adele Hedges Chief Justice of the 14th Court of Appeals Houston Opinions |