2009 Appellate Opinions by Chief Justice Adele Hedges Also see --> 2008 Civil Case Opinions by Chief Hedges Nguyen v. Chapa (pdf) (Tex.App.- Houston [14th Dist.] Dec. 22, 2009)(Hedges) (real estate transaction, deeds, actual notice, constructive notice, bona fide purchaser, bona fide mortgagee) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Seymore and Sullivan) 14-08-00634-CV Hue Nguyen & Southwestern National Bank v. Alonso Chapa Appeal from 269th District Court of Harris County Trial Court Judge: John T. Wooldridge Frank v. Brittany Square Apartments (pdf)(Tex.App.- Houston [14th Dist.] Dec. 15, 2009)(Hedges) (eviction suit appeal, error in bringing appeal, incomplete appellate record, DWOJ on appeal) In this forcible detainer suit, the tenant appealed the judgment of the justice court to the county court at law. She asserts that the county court upheld the justice court’s judgment and granted possession of the premises to the landlord, but she identifies no appealable order in the record. We therefore dismiss this appeal for want of jurisdiction. DISMISSED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Boyce 14-09-00288-CV Linda Frank v. Brittany Square Apartments Appeal from County Court at Law #4 of Fort Bend County Trial Court Judge: Sandy Bielstein McCarroll v. My Sentinel, LLC (pdf) (Tex.App. - Houston [14th Dist.] Dec. 10, 2009)(Hedges) (personal liability imposed on officers and directors based on forfeiture of corporate charter, res judicata not applicable) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Seymore and Sullivan 14-08-01171-CV Steven and Robbie McCarroll v. My Sentinel, LLC., Appeal from 405th District Court of Galveston County Trial Court Judge: Wayne J. Mallia McKinney & Moore, Inc. v. City of Longview, Tx (pdf) (Tex.App.- Houston [14th Dist.] Dec. 8, 2009) (Hedges)(plea to the jurisdiction governmental immunity) AFFIRMED AS MODIFIED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Seymore and Sullivan 14-08-00628-CV McKinney & Moore, Inc. v. City of Longview, Texas Appeal from 188th District Court of Gregg County Trial Court Judge: Judge David Scott Brabham In Interest of JJJ (pdf) (Tex.App.- Houston [14th Dist.] Dec. 8, 2009)(Hedges)(SAPCR dispute) Kelli Lane Lowery appeals from the trial court’s dismissal for want of jurisdiction of Lowery’s action seeking joint managing conservatorship of J.J.J., a child. J.J.J. had been adopted in a prior action in a different court by appellee, Roderick L. Jones. In her first issue on appeal, Lowery challenges the trial court’s dismissal of her claims on jurisdictional grounds. In her second issue, she argues that the trial court should have permitted her to (1) present evidence in support of her standing to bring the lawsuit, and (2) amend her pleadings. Finding that the trial court erred in dismissing for want of jurisdiction, we reverse and remand for further proceedings below. REVERSED AND REMANDED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Seymore and Sullivan 14-08-01015-CV In the Interest of J.J.J., a Child Appeal from 257th District Court of Harris County Trial Court Judge: Judy L. Warne Sharma v. Routh (pdf) (Tex.App.- Houston [14th Dist.] Dec. 3, 2009)(Concurrence by Hedges)(divorce, characterization of property) (Because the trial court mischaracterized a portion of the marital property, namely the trust income from Alice's testamentary trusts, the majority correctly reverses and remands this case. Although I agree with the majority's disposition, I would reverse and remand for different reasons. I therefore concur in the judgment only and write separately to explain my reasons.) Concurring Opinion by Chief Justice Hedges 14-06-00717-CV Timothy L. Sharma v. Lisa C. Routh Appeal from 246th District Court of Harris County Trial Court Judge: Jim York In Interest of MG (pdf) (Tex.App. - Houston [14th Dist.] Nov. 17, 2009)(Hedges) Appellant, “Jane Doe,” appeals from the termination of her parental rights to M.G. based on trial court findings that: (1) appellant failed to comply with provisions of the court’s prior orders establishing actions necessary for the return of the child after removal for abuse or neglect, and (2) termination was in the child’s best interest. On appeal, appellant contends that there was legally and factually insufficient evidence to support the court’s findings and that she received ineffective assistance of counsel. We affirm. AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00136-CV In the Interest of M.G. Appeal from 306th District Court of Galveston County Trial Court Judge: Janis Louise Yarbrough Kessling v. Friendswood ISD (Tex.App.- Houston [14th Dist.] Nov. 3, 2009)(Hedges) (suit alleging violations of the Texas Open Meetings Act (TOMA), Texas Public Information Act (TPIA), and Texas Education Code) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Frost 14-07-01063-CV Nancy Kessling v. Friendswood Independent School District, and Patricia Hanks Appeal from 56th District Court of Galveston County Trial Court Judge: Lonnie Cox Dissenting Opinion by Justice Frost in Kessling v. Friendswood ISD Mattox v. County Commissioner's Court-Grimes Cty. (Tex.App.- Houston [14th Dist.] Oct. 29, 2009) (Hedges)(mandamus against public official, commissioner's court) (cancellation of a roadway dedication, interpretation of section 232.008 of the Texas Local Government Code, which governs cancellation of all or part of a subdivision located outside of any municipality)(both parties' motions for summary judgment denied) REVERSED AND REMANDED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00193-CV Gregory R. Mattox and Barbara Wilkerson v. County Commissioners' Court-Grimes County, Betty Shiflett-Grimes County Judge, John Bertling-County Commissioner Pct 1., and Pam Finke- County Commissioner Pct 4 Appeal from 506th Judicial District Court of County Trial Court Judge: Albert M McCaig Jr. Dissenting Opinion by Justice Frost in Mattox v. County Commissioners' Court of Grimes County Knight v. Knight (Tex.App.- Houston [14th Dist.] Oct. 29, 2009)(Hedges) (divorce property division, reimbursement claim) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00424-CV Monica Faye Knight v. Bobby Wayne Knight Appeal from 246th District Court of Harris County Trial Court Judge: Jim York Brown v. Green (Tex.App.- Houston [14th Dist.] Sep. 1, 2009)(Hedges) (legal malpractice suit fails, breach of fiduciary duty dismissed on motion for summary judgment) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00592-CV Willard E. Brown III v. George Maynard Green and Sheehy, Lovelace & Mayfield, P.C. Appeal from 74th District Court of McLennan County (name of judge not shown on docket) Robinson v. Alief ISD (Tex.App.- Houston [14th Dist.] Aug. 25, 2009) (public employment, school law) (school employee record expunction dispute, lack of jurisdiction due to mootness, no declaratory judgment on constitutional violations that have ceased, plaintiff no longer an employee subject to alleged unconstitutional conduct, opportunity to amend waived ) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00949-CV Adrian Robinson v. Alief Independent School District and Louis Stoerner, In his Official Capacity Only Appeal from 80th District Court of Harris County Trial Court Judge: LYNN M. BRADSHAW-HULL Dissenting Opinion by Justice Frost in Adrian Robinson v. Alief Independent School District Kalina v. Burns (Tex.App.- Houston [14th Dist.] Jul. 23, 2009)(Hedges)(probate law: mental capacity of testator to convey real estate property, undue influence, void deed,claim of ,jury charge error) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00589-CV Larry Kalina, Diane Kalina and Clint Kalina v. Cody Will Burns, Individually and as Administrator of the Estate of Karen Dean Burns, Deceased Appeal from 12th District Court of Madison County In Interest of KLB (Tex.App.- Houston [14th Dist.] Jul. 16, 2009)(Hedges) (termination of parental rights, prebirth conduct by mother, transfer of cases between courts of appeal and precedent to follow) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Frost 14-09-00061-CV In the Interest of K.L.B., a Child Appeal from 74th District Court of McLennan County Trial Court Judge: [Judge not identified on appellate docket] Whatley v. Walker (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Hedges) (PROBATE LAW: guardianship, service of process, recusal of the judge, disqualification) Before Chief Justice Hedges, Justices Brock Yates and Brown AFFIRMED: Opinion by Chief Justice Hedges 14-06-00970-CV Dawn Johnson Whatley, Individually and as Executrix of the Estate of Perry Lee Whatley, Deceased and Michael Easton v. Mylus James Walker, Jeanine Anderson and Robert Daniel Whatley Appeal from Probate Court No 2 of Harris County Trial Court Judge: Michael James Wood Merck & Co. v. Ernst (Tex.App.- Houston [14th Dist.] Jun. 4, 2009)(Opinion on rehearing by Hedges) (Vioxx jury judgment reversed) 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 In Interest of JSG, NO. 14-08-00754-CV (Tex.App.- Houston May 7, 2009)(Hedges) (termination of parental rights, best interest factors, natural parent preference, parental presumption) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00754-CV In the Interest of J.S.G., and J.A.G Appeal from 314th District Court of Harris County Trial Court Judge: John Phillips Mai v. Farmers Texas County Mutual Ins. (Tex.App.- Houston [14th Dist.] May 7, 2009)(Hedges) (auto insurance coverage dispute, UIM coverage, uninsured motorist provision of the policy, which requires that there have been contact between the insured’s vehicle and the uninsured motorist’s vehicle) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00958-CV Y Ngoc Mai and Huong Mai-Nguyen v. Farmers Texas County Mutual Insurance Company Appeal from 127th District Court of Harris County Trial Court Judge: Sharolyn P. Wood In Interest of JSG, NO. 14-08-00754-CV (Tex.App.- Houston May 7, 2009)(Hedges) (termination of parental rights, best interest factors, natural parent preference, parental presumption) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00754-CV In the Interest of J.S.G., and J.A.G Appeal from 314th District Court of Harris County Trial Court Judge: John Phillips Symetra National Lif Ins. Co. v Rapid Settlements, Ltd. (Tex.App.- Houston [14th Dist.] Apr. 21, 2009) (Hedges) (arbitration award vacated as violation of public policy, transfer of structured settlement payments) REVERSED AND RENDERED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00880-CV Symetra National Life Insurance Company and Symetra Life Insurance Company v. Rapid Settlements, LTD Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle In Interest of RCR (Tex.App. – Houston [14th Dist.] Apr. 14, 2009)(Hedges) (termination of parental rights, constitutional issue waived, frivolousness) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00904-CV In the Interest of R.C.R., Jr., A Child Appeal from County Court at Law of Washington County Trial Court Judge: Matthew Alfred Reue Meehl v. Wise (Tex.App.- Houston [14th Dist.] Apr. 7, 2009)(Hedges)(home owner law, real estate law, restrictive covenants, discriminatory zoning, group community homes for mentally impaired) REVERSED AND REMANDED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Guzman and Brown 14-07-00592-CV Debra J. Meehl and Mark Meehl, Individually and as Officers and Agents of the Maureen J. Meehl Bipolar/BPD Foundation, Inc., and the Maureen J. Meehl Bipolar/BPD Foundation, Inc. v. Alfred M. Wise, Jr., Ketherine D. Wise, John P. Hundl, Donna G. Hundl, Wilmer Conner, Margie Ann Alexander, John T. Horn, Martha G. Horn, John T. Horn, Jr., Christopher Blake Broadway, Paula Lee Broadway, James Zimmer, Mildred Zimmer, Et Al Appeal from 239th District Court of Brazoria County Concurring Opinion by Justice Guzman McCloskey v. McCloskey (Tex.App.- Houston [14th Dist.] Arp. 2, 2009)(Subst. op. by Hedges) (SAPCR divorce attorneys fees cannot be ordered as additional child support enforceable by contempt) AFFIRMED AS MODIFIED: 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 Trial Court Judge: Robert J. Kern Lee v. MD Lam, Inc. (Tex.App.- Houston [14th Dist.] Mar. 17, 2009)(Hedges)(sale of business) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-01027-CV Jenette Diem Lee v. MD Lam, Inc. Appeal from 151st District Court of Harris County Onwuteaka v. Commission for Lawyer Discipline (Tex. App. – Houston [14th Dist.] Mar. 12, 2009)(Hedges) (attorney disciplinary proceeding, grievance) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Guzman and Brown 14-07-00544-CV Joseph Onwuteaka v. Commission for Lawyer Discipline Appeal from 151st District Court of Harris County Judge not shown on docket sheet Ramon v. Dow (Tex. App. – Houston [14th Dist.] Mar. 3, 2009)(Hedges) (pro se inmate prisoner suit, conversion claim, insufficient pleadings, dismissal for failure to state claim, cases involving universities) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-01024-CV Steve Ramon v. David R. Dow and the University of Houston, Texas Innocence Network Appeal from 412th District Court of Brazora County Trial Court Judge: W. Edwin Denman Saade MD v. Villarreal (Tex.App. - Houston [14th Dist.] Feb. 26, 2009)(Hedges) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Guzman and Brown) 14-07-00926-CV George Saade, M.D., Michael Belfort, M.D. and Rakesh Mangal, M.D. v. Mercedes Villarreal as Next Friend of Juan Pablo Elizondo, a Minor Appeal from 129th District Court of Harris County Trial Court Judge: Samuel Grant Dorfman Concurring Opinion by Justice Guzman (statutory construction) Also see --> MOST RECENT OPINIONS BY CHIEF JUSTICE ADELE HEDGES 2008 OPINIONS BY CHIEF JUSTICE HEDGES IN CIVIL APPEALS 2007 OPINIONS BY CHIEF JUSTICE HEDGES IN CIVIL APPEALS Find more judge and court information on the houston-opinions.com Home Page . |
|
| 2009 Opinions in Civil Appeals by Hon. Adele Hedges Chief Justice of the 14th Court of Appeals Houston Opinions |
