2010 Civil Appellate Opinions by Chief Justice Hedges

Pham v. Letney (Tex.App.- Houston [1st Dist.] March 4, 2010)(Hedges) (arbitration agreement in legal
services contract between lawyer and client enforced by mandamus, interlocutory appeal of order denying
motion to compel arbitration dismissed, FAA applied, TAA would be preempted)    
INTERLOCUTORY APPEAL DISMISSED: Opinion by
Chief Justice Hedges     
Before Chief
Justice Hedges, Justices Seymore and Justice Sullivan      
14-08-01153-CV  Steven Tuan Pham v. Shelly Letney    
Appeal from 215th District Court of Harris County
Trial Court
Judge: Levi James Benton  
Dissenting Opinion by Justice Seymore in Pham v. Letney
(In consideration of the unique relationship between attorney and client, Justice Seymore writes dissenting
opinion to express his concern about mandatory arbitration provisions in attorney-client agreements)  

In re Tuam Pham (pdf) (Tex.App.- Houston [1st Dist.] March 4, 2010)(Hedges)     
MOTION OR WRIT GRANTED: Opinion by
Chief Justice Adele Hedges     
Before Chief Justice Hedges, Justices Seymore and Sullivan    
14-09-00387-CV  In Re Steven Tuam Pham    
Appeal from 215th District Court of Harris County
Dissenting Opinion by Justice Seymore In re Tuam Pham (pdf)         

Harris County Flood Control District v. Great American Ins. Co. (Tex.App. - Houston [14th Dist.] Feb. 25,
2010)(Hedges) (
plea to the jurisdiction governmental immunity, prompt payment act,
quantum meruit)
Appellant, Harris County Flood Control District, appeals from the denial of its plea to the jurisdiction on the claims of
appellee, Great American Insurance Company, for quantum meruit and attorney’s fees.  Because we conclude that
appellant has not waived its immunity relative to those claims, we reverse and dismiss in part, affirm in part, and remand.
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Chief Justice Hedges      
Before Chief Justice Hedges, Justices Seymore and
Senior Justice Margaret Mirabal    
14-09-00571-CV  Harris County Flood Control District v. Great American Insurance Company    Appeal
from 157th District Court of Harris County
Trial Court Judge:  
Randy Wilson
Dissenting Opinion by Justice Mirabal in Harris County Flood Control Dist. v. Great American
Ins. Co. (re immunity from liability and attorneys fees)      

Alattar v. Ganim (Tex.App.- Houston [14th  Dist.] Feb. 18, 2010)(Hedges)
(
real estate transaction, statute of frauds applied and was not satisfied, judgment reversed and take-
nothing judgment entered)
REVERSED AND RENDERED: Opinion by
Chief Justice Hedges      
Before Chief Justice Hedges, Justices Anderson and Boyce    
14-08-00756-CV  Farouck (Frank) Alattar v. John Ganim    
Appeal from 400th District Court of Fort Bend County
Trial Court Judge: Clifford J. Vacek   

Johnson v. Evans (Tex.App.- Houston [14th Dist.] Feb. 9, 2010)(Hedges)
(
suit for partition of land, two-stage proceedings with two final judgments, effect of nonsuit)
(
amount of ad litem fee affirmed, ad litem attorney for defendants served by publication)   
AFFIRMED: Opinion by Chief Justice Adele Hedges  
Before Chief Justice Hedges, Justices Seymore and Sullivan    
14-08-00610-CV   Gerald K. Johnson v. Christine Evans and Frederick M. Evans    
Appeal from 3rd District Court of Anderson County
Trial Court Judge: Bascom W. Bentley  

Alexander v. Johnson (pdf) (Tex.App.- Houston [14th Dist.] Jan. 5, 2010)(Hedges)
(
denial of bill of review relief affirmed, challenge to paternity, genetic testing)  
Appellant, Larry Alexander, appeals from an order denying his petition for bill of review to set aside a default order in a suit
affecting the parent-child relationship (“default SAPCR order”).  The default SAPCR order appointed appellant possessory
conservator of J.A., a child, and ordered appellant to pay child support.  In two issues, appellant contends that he was
entitled to bill-of-review relief because he was fraudulently induced to sign an acknowledgment of paternity (“AOP”),
preventing him from presenting a meritorious defense to the trial court’s default SAPCR order.
AFFIRMED: Opinion by Chief Justice Hedges  
Before Chief Justice Hedges, Justices Seymore and Sullivan
14-08-00778-CV  Larry Alexander v. Tiffany Johnson  
Appeal from
311th District Court of Harris County  

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  

Also see --> 2009 OPINIONS BY CHIEF JUSTICE HEDGES IN CIVIL APPEALS
Also see --> 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


.
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. Chief Hedges, a Republican, won re-election in 2008 in a contested race.
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 before taking
the bench, and also worked in an academic capacity at Rice University for a year.
In Fiscal Year 2008-09 Chief Justice Adele Hedges issued 61 opinions on the merits in civil and
criminal cases, 80 per curiam opinions, and 10 other opinions, bringing the total to 151. Chief
Hedges did not write any dissenting or concurring opinions.
2010 Opinions in Civil Appeals by Hon. Adele Hedges
Chief Justice of the 14th Court of Appeals
Houston Opinions
Future Seat of the Houston Court of Appeals Old Harris County Civil Courthouse
Chief Justice Adele O. Hedges - 14th Court of Appeals Houston
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 Christopher, Tracy
Justice Edelman, Richard (former)
Justice Fowler, Wanda (former)
Justice Frost, Kem Thompson
Justice Guzman, Eva
Justice Hanks, George C., Jr.
Chief Justice Hedges, Adele
Justice Higley, Laura Carter
Justice Hudson, Harvey J. (former)
Justice Jennings, Terry
Justice Keyes, Evelyn
Justice Mirabal, Margaret (visiting)
Justice Massengale, Michael
Justice Nuchia, Sam (former)
Chief Justice Radack, Sherry
Justice Seymore, Charles
Justice Sharp, Jim
Justice Sullivan, Kent
Justice Taft, Timothy (Tim)(former)
Justice Wilson, Davie (visiting)
Justice Yates, Leslie Brock

Also see --> General Information on
Houston Courts of Appeals, Appellate
Judges, and 2008 Judicial Elections   

Houston Courts & Cases Blog