| 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 |
RECENT 2008 OPINIONS BY CHIEF JUSTICE HEDGES IN CIVIL APPEALS 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 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 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) (sworn account, breach of contract, quantum meruit) 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) 2007 OPINIONS BY JUSTICE HEDGES IN CIVIL APPEALS 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) [appraisal district property tax appeal] 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) Find more judge and court information on the houston-opinions.com Home Page |
Election Contest for this Appellate Bench in 2008 Adele Hedges vs. Joe Beverly Chief Justice Hedges is up for re-election in 2008. (See campaign site) She did not draw a challenger in the Republican Party's primary. Her Democratic opponent in the contested general election is Attorney Joe W. Beverly (See Joe Beverly for judge campaign website) Of the 2068 lawyers who participated in the Houston Bar Association's 2008 Judicial Candidate Qualification Poll 807 rated Justice Hedges "well qualified" vs. 188 "not qualified". Joe Beverly, with a much lower name recognition among his peers, received 172 "well qualified" votes and 184 "not qualified." See HBA poll results and disclaimers. |
| Houston Court of Appeals Contest - Fourteenth Court of Appeals - Place 1 |
| 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. |
| Opinions by Hon. Adele Hedges Chief Justice of the 14th Court of Appeals Houston Opinions |