Unlike some of her colleagues on the Houston Court of Appeals, Justice Laura Carter Higley was not initially appointed to a vacancy, but ran for an open seat on the First Court of Appeals in 2002. She did not draw a challenger in the primary or in the general election later that year, and was sworn in on Jan. 1, 2003. Her first term ended in 2008. Like other Harris County judges Higley was up for reelection in 2008. Republican Justice Higley drew a Democratic Challenger this time: Attorney Leslie C. Taylor. Higley won the 2008 general election. Judge Higley is a graduate of Vanderbilt University and earned a master's degree in Latin American Studies from UT. She received her JD from the University of Houston in 1989. In private practice, Attorney Laura C. Higley worked at Baker Botts LLC. Find more judge and court information at the Houston-Opinions Home Page |
2009 Opinions in Civil Appeals Authored by Justice Laura Higley Also see --> 2010 Opinions by Justice Higley Cantu v. McKinney (Tex.App.- Houston [1st Dist.] Dec. 22, 2009)(Higley)(denial of motion to recuse affirmed, pro se appeals) Presenting two issues, the Cantus challenge the denial of their motion to recuse the trial court judge and the denial of their motion to enforce the trial court's judgment. We affirm. We affirm the presiding judge of the Second Administrative Judicial Region's order denying the Cantus' motion to recuse the trial court judge, and we affirm the trial court's order denying the "Defendants' Second Amended Motion for Contempt and Sanctions Against Epernay and Individuals." AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Higley and Sharp 01-07-01091-CV Tony Cantu and Elsa Cantu v. Wade McKinney, Jr., Rebecca R. McKinney, et al Appeal from 129th District Court of Harris County Trial Court Judge: Hon. Grant Dorfman Ineos Group Ltd v. Chevron Phillips Chemical Co, LP (pdf) (Tex.App.- Houston [1st Dist.] Dec. 17, 2009) (Higley) (interlocutory appeal, temporary injunction affirmed) INEOS (1) appeals the trial court's issuance of a temporary injunction prohibiting it from soliciting, negotiating, or entering into technology licensing agreements for a particular grade of polyethylene plastic made by using a certain manufacturing process. The temporary injunction is based on Chevron Phillips Chemical Company's ("CPChem") claim that the technology underlying this manufacturing process is derived from its trade secrets. In one issue, INEOS argues that the technology is no longer entitled to trade secret protection because, through a lack of vigilance, CPChem disclosed the technology to third parties, which are no longer required to keep the information confidential. Because INEOS has not shown that the trial court abused its discretion by issuing the temporary injunction, we affirm. AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Higley and Sharp 01-09-00504-CV Ineos Group Ltd., Ineos Technologies, Ineos Americas LLC, Ineos Manufacturing Belgium NV, Ineos LLC, Ineos Europe Limited, Ineos Polyethlene North America, Ineos USA LLC and Ineos Olefins LP v. Chevron Phillips Chemical Company, LP Appeal from County Court at Law No 2 of Galveston County Trial Court Judge: Hon. C. G. Dibrell, III Hourani v. Katzen (Tex.App.- Houston [1st Dist.] Nov. 25, 2009)(Higley) (suit for declaratory relief, dispute over restrictive covenants in a residential subdivision, defense of waiver, estoppel, UDJA attorney's fees) AFFIRM TC JUDGMENT: Opinion by Justice Laura Carter Higley Before Justices Jennings, Higley and Sharp 01-07-00971-CV Monzer Hourani and Carlton Park Owner's Association v. Jonathan Katzen Appeal from 190th District Court of Harris County Trial Court Judge: Hon. Jennifer Walker Elrod Cantu v. McKinney (Tex.App.- Houston [1st Dist.] Nov. 19, 2009)(Higley) (sanctions, injunction, challenge to agreed judgment, Rule 11 agreement) (challenge to agreed judgment barred by acceptance of benefits doctrine) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Higley and Sharp 01-07-00638-CV Tony Cantu v. Wade E. McKinney, Jr., Rebecca McKinney, Justin McKinney, Daniel Broussard, Craig Dehaan, Jonnie Harker, Epernay Homeowners Association Appeal from 129th District Court of Harris County Trial Court Judge: Hon. Grant Dorfman Niessen Velasco v. Ayala (Tex.App.- Houston [1st Dist.] Nov. 19, 2009)(Higley) (void judgment) (motion for new trial, service by publication, service of process on defendant in foreign country) REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TRIAL COURT FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Justices Jennings, Higley and Sharp 01-07-01053-CV Betsabe Ivonne Niessen Velasco v. Alfonso Ignacio Ayala Appeal from 308th District Court of Harris County Trial Court Judge: Hon. Georgia Dempster Tow v. Pagano (Tex.App. - Houston [1st Dist.] Nov. 5, 2009)(Higley) (no judicial estoppel based on nondisclosure of med-mal cause of action as asset in bankruptcy suit, suit by trustee no time-barred, relationship between federal bankruptcy and state court proceedings) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Justices Higley, Sharp and Mirabal 01-07-00464-CV Rodney Tow, Trustee for the Bankruptcy Estate of Erwina v. Scott K. Pagano, D.C. and Campbell Chiropractic Wellness Center Appeal from 333rd District Court of Harris County Trial Court Judge: Hon. Joseph Halbach Gillum v. Harris County (Tex.App.- Houston [1st Dist.] Oct. 22, 2009)(Higley) (ad valorem property tax case, tax suit, appeal from tax master to referring court, de novo trial) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Higley and Sharp 01-08-00551-CV Jennifer Gillum v. Harris County Appeal from 157th District Court of Harris County Trial Court Judge: Hon. Randy Wilson Hyatt v. DFPS (Tex.App.- Houston [1st Dist.] Oct. 22,2009)(Higley) (termination of parental rights, frivolous appeal finding) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Higley and Sharp) 01-09-00159-CV Kenneth A. Hyatt III v. Department of Family and Protective Services Appeal from 315th District Court of Harris County Trial Court Judge: Hon. Michael H. Schneider Aranda v. DFPS (Tex.App.- Houston [1st Dist.] Oct. 15, 2009)(Higley) (termination of parental rights appeal, frivolousness finding) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Higley and Sharp 01-09-00058-CV Ernesto Aranda v. Department of Family and Protective Services Appeal from 314th District Court of Harris County Trial Court Judge: Hon. John Phillips Plaza At 610 Commons Inc v. HCAD (Tex.App.- Houston [1st Dist.] Oct. 1, 2009)(Higley) (ad valorem property tax appeal, plea to the jurisdiction, no substitution of different owner under Rule 28 governing dba-s, suit in common names) (property tax protest, appeal administrative remedies and judicial review suit, plea to the jurisdiction, no substitution of different entity as owner under Rule 28 governing dbas, common names, actual property owner did not bring protest and suit within the filing deadline, attempted amendment to add owner untimely) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Higley and Sharp 01-08-00690-CV Plaza At 610 Commons Inc. v. Harris County Appraisal District Appeal from 334th District Court of Harris County Trial Court Judge: Hon Sharon McCally Kennamer v. The Estate of Alwin Noblitt (Tex.App.- Houston [14th Dist.] 2009)(Higley) (animal law, liability of injuries caused by cow running loose, ownership disputed, summary judgment) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00134-CV John L. Kennamer, Individually and John L. Kennamer and Mora Kennamer d/b/a K-Bar land and Cattle Company v. The Estate of John Alwin Noblitt, Deceased, Charles R. Noblitt, Jr., Individually and as Administrator of the Estate of John Alwin Noblitt, Deceased, and Jo Ann Jones, Individually and as Heir of The Estate of John Alwin Noblitt, Deceased Appeal from Co Ct at Law No 2 & Probate Ct of Brazoria County Trial Court Judge: Hon. Mark Holder CASE WITH DISSENT: Dissenting Opinion by Justice Keyes (criticizing panel for subverting summary judgment standard and permitting resolution of issues of disputed fact by summary judgment, crediting evidence submitted by movant). Amidei v. HCAD (Tex.App.- Houston [1st Dist.] Jul. 16, 2009)(Higley) (HCAD property tax appeals, property tax appraisal protests, excessive tax appraisal claim rejected, admissibility of evidence) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Alcala and Higley 01-08-00833-CV Maurice Amidei and Sara Amidei v. Harris County Appraisal District, Appraisal Review Board of Harris County Appeal from 125th District Court of Harris County Trial Court Judge: Hon. John Coselli Aeternia Enterprises, U.S.A., v. Magnitogorsk Steel and Wire Works (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. by Higley)(order compelling arbitration is not an appealable judgment, DWOJ) DISMISS APPEAL: Opinion by Justice Higley Before Justices Jennings, Alcala and Higley 01-05-00964-CV Aeternia Enterprises, U.S.A., Ltd. v. Magnitogorsk Steel and Wire Works Appeal from 133rd District Court of Harris County Trial Court Judge: Hon. Lamar McCorkle Dolan v. Dolan (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Higley) (probate law, trustee, breach of fiduciary duty, preservation of error) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Alcala and Higley 01-07-00694-CV George Diehl Dolan v. Zelie M. Dolan Appeal from 281st District Court of Harris County Trial Court Judge: Hon. David J. Bernal Hernandez v. Hernandez (Tex.App.- Houston [1st Dist.] Mar. 26, 2009)(Higley) (OAG suit, child support, nunc pro tunc judgment vacated) VACATE TC JUDGMENT AND DISMISS CASE: Opinion by Justice Higley Before Chief Justice Radack, Justices Keyes and Higley 01-06-00901-CV George Hernandez v. Maria Guadalupe Hernandez Appeal from 311th District Court of Harris County Trial Court Judge: Hon. Doug Warne Dissenting Opinion by Justice Keyes Yazdchi v. SACU (Tex.App.- Houston [1st Dist.] Feb. 19, 2009)(Higley) (law of the case doctrine) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Keyes and Higley 01-07-00189-CV Abbas Yazdchi v. San Antonio Credit Union (SACU) Appeal from 281st District Court of Harris County Trial Court Judge Hon. David J. Bernal Sembera Security Systems, Inc. v. El Dorado Ins. Agency, Inc. (Tex.App.- Houston [1st Dist.] Jan. 29, 2009) (Higley)(breach of contract claim, cancellation of workers’ compensation insurance coverage for non- payment of premium) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Higley Before Chief Justice Radack, Judge Wilson, Justice Higley 01-07-00310-CV Sembera Security Systems, Inc. a/k/a Sembera Security, Inc. v. El Dorado Insurance Agency, Inc., and Texas Mutual Insurance Company, f/n/a Texas Workers' Compensation Fund and Texas Workers' Compensation Fund, Texas Workers' Compensation Fund Appeal from 152nd District Court of Harris County Trial Court Judge: Hon. Kenneth P. Wise Jacobson v. Ron (Tex.App.- Houston [1st Dist.] Jan. 22, 2009)(Higley) (premises liability, demolition of building accident injury, no duty, actual knowledge) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00645-CV Bradley A. Jacobson v. Avi Ron and Delaney Construction Company Appeal from 11th District Court of Harris County Kennamer v. The Estate of Noblitt (Tex.App.- Houston [1st Dist.] Jan. 8, 2009)(Higley) (animal law, cow attack liability, ownership disputed) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00134-CV John L. Kennamer, Individually and John L. Kennamer and Mora Kennamer d/b/a K-Bar land and Cattle Company v. The Estate of John Alwin Noblitt, Deceased, Charles R. Noblitt, Jr., Individually and as Administrator of the Estate of John Alwin Noblitt, Deceased, and Jo Ann Jones, Individually and as Heir of The Estate of John Alwin Noblitt, Deceased Appeal from County Court at Law No 2 & Probate Court of Brazoria County Trial Court Judge: Hon. Mark Holder EN BANC DISSENT: Dissenting Opinion by Justice Keyes (criticizing panel for subverting summary judgment standard and permitting resolution of issues of disputed fact by summary judgment, crediting evidence submitted by movant). Skloss v. Perez (Tex.App.- Houston [1st Dist.] Jan. 8, 2009)(prof. counseling malpractice, HCLC) REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00484-CV Belinda K. Skloss v. Sandar J. Perez, et al., Appeal from 122nd District Court of Galveston County Trial Court Judge: Hon. John Ellisor Also see --> 2010 Opinions in Civil Appeals Authored by Justice Laura Higley Also see --> 2008 Opinions in Civil Appeals Authored by Justice Laura Higley Also see --> 2007 Opinions in Civil Appeals Authored by Justice Laura Higley |
| 2009 Opinions by Houston Appeals Court Justice Laura Carter Higley |
