Opinions by Other Justices of the First Court of Appeals, sitting in Houston, Texas Chief Justice Sherry Radack Justice Tim Taft Justice Sam Nuchia Justice Terry Jennings Justice Evelyn Keyes Justice Elsa Alcala Justice George C. Hanks, Jr. Justice Laura C. Higley Justice Jane Bland Houston Courts of Appeals Houston Civil Trial Courts and Judges |
Unlike some of her colleagues, 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 current term will end in 2008. Higley has a Democratic challenger this time: Leslie C. Taylor 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. In Fiscal Year 2006 the Hon. Laura Carter Higley wrote 70 opinions. Justice Higley issued no dissenting or concurring opinions. The pattern stayed the same in FY 2007, with 76 opinions to her credit and no published disagreements with her colleagues. Find more judge and court information at the Houston-Opinions Home Page |
| Opinions by Houston Appeals Court Justice Laura Carter Higley |
Recent June | July 2008 Opinions Authored by Justice Laura Higley Dace v. Dace (Tex.App.- Houston [1st Dist.] July 31, 2008)(Higley) (dispute over estate, no breach of contract, deed, undue influence, testamentary capacity) (dispute over estate, breach of contract, deed, undue influence) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-05-00832-CV Marvin Harry Dace, Jr. v. Tommy Dace, Independent Executor of the Estate of Marvin Harry Dace, Sr., Deceased Appeal from County Court at Law No 1 & Probate Ct of Brazoria County Trial Court Judge: Hon. Jerri Lee Mills Yilmaz, MD v. McGregor (Tex.App.- Houston [1st Dist.] July 17, 2008)(Higley) (medical malpractice, motion to dismiss, timeliness of service of citation and expert report, defendant not a party prior to being served) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Chief Justice Radack, Justices Keyes and Higley 01-07-01116-CV Salih Yilmaz, M.D. v. Eula McGregor, Tommie James, Charles James and Erma Ruth Ervin, as heirs of the Estate of Louis D. James, Deceased, and La Chunda James Appeal from 12th District Court of Grimes County The University of Houston v. Stephen Barth (Tex.App. - Houston [1st Dist.] July 3, 2008) (jury award in Whistleblower suit reversed) (governmental entities, public employment) The University of Houston ("the University") appeals a judgment rendered pursuant to a jury's verdict finding that the University violated the Texas Whistleblower Act (1) ("the whistleblower act") by retaliating against Stephen Barth, a tenured professor at the University's Conrad N. Hilton College of Hotel Management, after he reported to university officials that the college's dean had violated the law. Barth was awarded actual damages and attorney's fees against the University based on its violation of the whistleblower act. Of the six issues raised by the University, the dispositive issues that we address are (1) whether the trial court lacked jurisdiction over Barth's claims because he did not timely initiate the University's grievance procedure; (2) whether legally-sufficient evidence supports a finding that Barth reported a violation of the law to the appropriate law enforcement authorities; (3) whether legally-sufficient evidence supports a finding that Barth reported a violation of the law in good faith; and (4) whether legally sufficient evidence supports the jury's finding that Barth's report of a violation of the law caused the University to take an adverse employment action against him. We reverse and remand. REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Justices Nuchia, Alcala and Higley 01-06-00490-CV The University of Houston v. Stephen Barth Appeal from 113th District Court of Harris County Trial Court Judge: Hon. Patricia Hancock Dissenting Opinion by Justice Alcala Smith v. DFPS (Tex.App.- Houston [1st Dist.] June 19, 2008)(Higley) (termination of parental rights - drugs) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Chief Justice Radack, Justices Keyes and Higley 01-07-00648-CV Earl Clarence Smith aka Clarence Earl Smith v. Department of Family and Protective Services | Appeal from 314th District Court of Harris County Trial Court Judge: Hon. John Phillips Lumpkin v. DFPS (Tex.App.- Houston [1st Dist.] June 12, 2008)(Higley) (termination of parental rights, drugs, frivolous appeal) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Chief Justice Radack, Justices Keyes and Higley 01-07-00560-CV 01-07-00561-CV 01-07-00706-CV Derrick Lumpkin, Sr. and Geneva Herrera v. Department of Family and Protective Services Appeal from 257th District Court of Harris County Trial Court Judge: The Honorable Judy L. Warne ARCO Construction Co., Inc. v. Americon Services Co., Inc (Tex.App.- Houston [1st Dist.] May 15, 2008)(Higley) (construction law, Prompt Payment Act, attorney's fees) Before Justices Nuchia, Hanks and Higley 01-06-00846-CV ARCO Construction Company, Inc. v. Americon Services Company, Inc. Appeal from County Civil Court at Law of Harris County Quinn v. Milanizadeh (Tex.App.- Houston [1st Dist.] Apr. 24, 2008) (Higley) (divorce law, common law marriage existed) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Hanks and Higley 01-07-00489-CV Tyrone Michael Quinn v. Shaleh Rene Milanizadeh Appeal from 308th District Court of Harris County Trial Court Judge: Hon. Georgia Dempster Llorance v. Sohi (Tex.App.- Houston [1st Dist.] Apr. 17, 2008)(Higley) (family law SAPCR modification, default arbitration order affirmed) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Hanks and Higley 01-07-00840-CV Leezet Llorance v. Farhad Safavi Sohi Appeal from 257th District Court of Harris County Trial Court Judge: The Honorable Judy L. Warne HCAD v. Sigmor Corp. (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Higley)(property tax litigation, taxing gas stations) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Hanks and Higley 01-06-00740-CV Harris County Appraisal District v. Sigmor Corporation, et al Appeal from 11th District Court of Harris County Trial Court Judge: Hon. Mark Davidson National Advertising Co. v. Potter (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Higley) (lease law, billboards) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-06-01042-CV National Advertising Company v. Larry E. Potter Appeal from 270th District Court of Harris County Trial Court Judge: Hon. Brent Gamble Dixon Financial Services Ltd. v. Greenberg, Peden, Siegmyer & Oshman, PC (Tex.App.- Houston [1st Dist.] Mar. 20, 2008)(Higley) (commercial, financial litigation) AFFIRM TC JUDGMENT: Opinion by Justice Higley 01-06-00696-CV Dixon Financial Services Ltd., and Hyperdynamics Corporation v. Greenberg, Peden, Siegmyer & Oshman, P.C., Gerald Siegmyer, Ron Bearden, and R. F. Bearden Associates, Inc. Appeal from 215th District Court of Harris County Trial Court Judge: Hon. Levi J. Benton Olvera v. Olvera (Tex.App.- Houston [1st Dist.] Mar. 6, 2008)(Higley) (family law, mediated settlement agreement stands) AFFIRM TC JUDGMENT: Opinion by Justice Higley 01-07-00231-CV Maria Reyna Olvera v. Jose Pablo Olvera Appeal from 247th District Court of Harris County Trial Court Judge: Hon. Bonnie Hellums Khan v. Hasan (Tex.App.- Houston [1st Dist.] Mar. 6, 2008)(Higley) (premises liability, slip and fall claim) AFFIRM TC JUDGMENT: Opinion by Justice Higley 01-07-00082-CV Shahnaz Khan v. Ferhat M. Hasan and Manzoor Hasan Appeal from 190th District Court of Harris County Trial Court Judge: Hon. Jennifer Elrod Scott Bader, Inc. v. Sandstone Products, Inc. (Tex.App.- Houston [1st Dist.] Feb. 28, 2008)(Higley) (products liability, sanctions) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Justices Nuchia, Keyes and Higley 01-05-00940-CV Scott Bader, Inc., Amy C. Wright, Kern & Wooley, L.L.P., and National Pigments & Chemicals, Inc. v. Sandstone Products, Inc. Appeal from 127th District Court of Harris County (Judge Sharolyn Wood) Dissenting Opinion by Justice Keyes in Scott Bader, Inc. v. Sandstone Products, Inc. (sanctions) General Electric Cap. Corp. v. Knapp, Jr. (Tex.App.- Houston [1st Dist.] Feb. 21, 2008)(Higley) (UFTA, fraudulent transfer) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Hanks and Higley 01-07-00010-CV General Electric Capital Corporation v. A. John Knapp, Jr., also known as A. John Knapp Appeal from 113th District Court of Harris County (Hon. Patricia Hancock) Ramirez Restrepo v. Gutierrez (Tex.App.- Houston [1st Dist.] Jan. 31, 2008)(Higley) (real estate transactions, trespass to try title action, tenants) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Hanks and Higley 01-06-01100-CV Edgar Ramirez Restrepo and Gerardo Campo Ramirez v. Ingrid X. Gutierrez Appeal from 11th District Court of Harris County (Judge Mark Davidson) Green v. Fort Bend ISD (Tex.App. - Houston [1st Dist.] Dec. 20, 2007)(Higley)(employment law, workers comp appeal, judicial review suit) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-06-01157-CV Robert F. Green v. Fort Bend Independent School District Appeal from 240th District Court of Fort Bend County (Judge Thomas R. Culver, III) Schott v. Knight (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Higley)(PI-auto, zero mental anguish damages AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-06-00727-CV Kasey Schott v. Hubert Knight, G-P Development, Ltd. d/b/a Service Park, Central Parking Corporation, and Allright Parking System, Inc. a/k/a Central Parking System of Texas, Inc. Appeal from 270th District Court of Harris County (Judge Brent Gamble) Bibai v. Nguyen (Tex.App.- Houston [1st Dist.] Nov. 15, 2007)(Higley)(PI auto, evidence, proof of negligence, damages) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-07-00138-CV Charlotte Ngo Bibai and Imaobong Nda v. Dom Kim Nguyen Appeal from Co Civil Ct at Law No 4 of Harris County (Hon. Roberta Lloyd) Dixon Financial Services, Ltd. v. Greenberg, Peden Sigmyer & Oshman, PC (Tex.App.- Houston [1st Dist.] Nov. 15, 2007)(Higley)(arbitration award, severance) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-06-00696-CV Dixon Financial Services Ltd., and Hyperdynamics Corporation v. Greenberg, Peden, Siegmyer & Oshman, P.C., Gerald Siegmyer, Ron Bearden, and R. F. Bearden Associates, Inc. Appeal from 215th District Court of Harris County (Hon. Levi J. Benton) Acosta v. Hemlata Chheda, DDS (Tex.App. - Houston [1st Dist.] Nov. 1, 2007)(Higley)(HCLC, medical malpractice, expert report) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-07-00398-CV Mary C. Acosta v. Hemlata Chheda, D.D.S. Appeal from 129th District Court of Harris County (Hon. Grant Dorfman) Milkowski v. DFPS (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Higley)(termination of parental rights affirmed, drugs, domestic violence, jury trial, ineffective assistance of counsel claim rejected) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-07-00011-CV Ian Mikowski and Toni English v. Department of Family and Protective Services Appeal from 306th District Court of Galveston County (Hon. Janis L. Yarbrough) Fellows v. Adams (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Higley)(default judgments, sufficiency of service, insufficient proof of unliquidated damages) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-06-00924-CV Kerry G. Fellows v. Rasheed Adams Appeal from 127th District Court of Harris County (Hon. Sharolyn Wood) City of Houston v. Allco, Inc. (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Higley)(post-remand from Texas Supreme Court, see City of Houston v. Allco, Inc., 206 S.W.3d 113, 114 (Tex. 2006)(immunity to breach of contract claim waived) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-02-00812-CV City of Houston v. Allco, Inc Appeal from 80th District Court of Harris County (Hon. Kent C. Sullivan) We conclude that the damages sought and awarded by the trial court were permitted by Local Government Code section 271.153(a)(1). We hold that the City's immunity from suit is statutorily waived with respect to Allco's breach of contract claim. In re E.B.R. (Tex.App.- Houston [1st Dist.] Oct. 4, 2007))(Higley)(juvenile case) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-06-00955-CV In The Matter of E.B.R v. The State of Texas Appeal from Co Ct at Law No 3 & Probate Ct of Brazoria County The Honorable James A. Blac..) Moore v. Aqrawi (Tex.App.- Houston [1st Dist.] Sep. 20, 2007)(Higley)(assault, damages) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Justices Taft, Keyes and Hanks 01-03-00917-CV Peggy Lee Moore v. Cooper Aqrawi, Ind., and Farouq Aqrawi d/b/a Manhattan Limousines of Houston, L.L.C.--Appeal from 270th District Court of Harris County (Honorable Brent Gamble) Ibarra v. Nicholes (Tex.App.- Houston [1st Dist. Aug. 2, 2007)(Higley)(construction subcontractor) AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Keyes and Higley) 01-06-00762-CV Jesus Ibarra v. Peggy Nicholes, Lesa Nicholes and Salon N.V. And Day Spa, Inc. Appeal from 113th District Court of Harris County (Hon. Patricia Hancock) HISD v. Old Farms Owners Ass'n (Tex.App.- Houston [1st Dist.] Jul. 26, 2007)(Higley)(tax suit, penalties and interest) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley (Before Chief Justice Radack, Justices Keyes and Higley) 01-04-00538-CV Houston Independent School District, et al., v. Old Farms Owners Association, Inc., et al., Appeal from 270th District Court of Harris County (Hon. Brent Gamble) Dissenting Opinion by Justice Keyes in HISD v. Old Farms Owners Association (Tex.App.- Houston [1st Dist.] Jul. 26, 2007) McAlester Fuel Co. v. Smith International Inc. (Tex.App.- Houston [1st Dist.] Jul. 26, 2007)(commercial dispute, breach of contract, DTPA, release, jury instruction) AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Jennings and Higley) 01-05-00468-CV McAlester Fuel Company v. Smith International, Inc., d/b/a Smith Services Appeal from 11th District Court of Harris County (Hon. Mark Davidson) Jennings Dissent in McAlester Fuel Co. v. Smith International Inc. (Tex.App.- Houston [1st Dist.] Jul. 26, 2007) In re Louis Charles Munks (Tex.App.- Houston [1st Dist] Jun. 28, 2007)(Higley)(mandamus)(child support contempt) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Higley (Before Chief Justice Radack, Justices Keyes and Higley) 01-07-00094-CV In re Louis Charles Munks, Jr. Appeal from 247th District Court of Harris County (Trial court judge: Hon. Bonnie Hellums) Frank's International, Inc. v. Smith International, Inc. (Tex.App.- Houston [1st Dist] Jun. 28, 2007)(Higley)(breach of contract, conversion) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley (Before Justices Nuchia, Keyes and Higley) 01-06-00366-CV Frank's International, Inc. v. Smith International, Inc. Appeal from 61st District Court of Harris County (Trial court judge: Hon. John Donovan) Potcinske v. McDonald Property Investments, Ltd (Tex.App.- Houston [1st Dist.] Jun 15, 2007)(Higley) (real estate, breach of contract, real estate case law, contract for sale of real property, breach of contract, breach of contract, specific performance] AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Judge Wilson, Justices Keyes and Higley 01-06-00718-CV Jon A. Potcinske v. McDonald Property Investments, LTD Appeal from 334th District Court of Harris County (Hon Sharon McCally) Insurer Prevails in Coverage Denial Suit Following Suspicious Fire Routis v. Clarendon America Ins. Co. (Tex.App.- Houston [1st Dist.] May 10, 2007)(Higley) (insurance coverage denial, fire loss, arson) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Keyes and Higley 01-06-00459-CV Konstantinos Routis, Duluth Restaurants, Inc., and/or KRMG Enterprises, Inc. as the Attorney in Fact of Duluth Restaurants, Inc. v. Clarendon America Insurance Company Appeal from 280th District Court of Harris County (Judge Tony Lindsay) Konstantinos Routis ("Routis"), Duluth Restaurants, Inc., (1) and/or KRMG Enterprises Inc., as attorney in fact of Duluth Restaurants, Inc. ("KRMG"), sued appellee, Clarendon America Insurance Company, Inc., for breach of contract after appellants' building was destroyed by fire and appellee denied coverage. The trial court rendered a take-nothing judgment against appellants.In two issues, appellants (1) challenge the legal and factual sufficiency of the evidence supporting the trial court's judgment and (2) contend that the trial court applied an incorrect standard of proof. We conclude that the combined evidence falls within the zone of reasonable disagreement and supports the trial court's implied finding that Routis and/or Sachtouris set the building on fire and that therefore appellee's proffered exclusion from coverage applies. See Wilson, 168 S.W.3d at 827; Vandiver, 970 S.W.2d at 737. We hold that the evidence is legally sufficient because the evidence would enable reasonable and fair-minded people to reach the verdict under review. See Wilson, 168 S.W.3d at 827. In addition, we hold that the evidence is factually sufficient because, after considering all the evidence in the record, the verdict is not so contrary to the overwhelming weight and preponderance of the evidence that it is clearly wrong and manifestly unjust. See Plas-Tex Inc., 772 S.W.2d at 445; Cain, 709 S.W.2d at 176. We further hold that the trial court applied the proper standard of proof when it concluded by a preponderance of the evidence that appellee met its burden to show that an exclusion to coverage applied in this case. See Murphy, 996 S.W.2d at 879. Bowlder v. Metro (Tex.App.- Houston [1st Dist.] May 3, 2007)(Higley) [Auto-PI, subrogation, workers comp, no answer default judgment] AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Keyes and Higley 01-06-00553-CV Michael David Bowler v. Metropolitan Transit Authority of Harris County, Texas Appeal from 127th District Court of Harris County (Judge Sharolyn P. Wood) Winchek v. American Travel Related Services (AMEX) (Tex.App.- Houston [1st Dist.] Apr. 19, 2007)(Higley) [credit card debt suit] AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Keyes and Higley 01-06-00392-CV Mary Winchek v. American Travel Related Services Appeal from County Civil Court at Law No 3 of Harris County (Judge Lynn Bradshaw-Hull) Davis v. Smith (Tex.App.- Houston [1st Dist.] Apr. 5, 2007)(Higley) [bill of review denied, not diligent] Justice Jennings writes separately in death penalty sanctions case; criticizes fellow justices for not explaining decisions in a precedent setting published opinion In re Satish Gupta (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Higley)(death penalty sanctions) Justice Jennings wrote separately in In re Satish Gupta (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Concurrence by Jennings) In re Satish Gupta (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Higley)(death penalty sanctions) Justice Jennings wrote separately in In re Satish Gupta (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Concurrence by Jennings) In re Meena Matthews (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Higley)(arbitration) Mathews v. USA Employment LLC (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Higley)(employment, arbitration) Clark v. Tex. Inst. For Rehab and Research (Tex.App.- Houston [1st Dist.] Mar 15, 2007)(Higley) Earvin v. Department for Family and Protective Services (DFPS) (Tex.App.- Houston [1st Dist.] Mar 15, 2007)(Higley)(termination of parental rights, drug use) Concurring Opinion by Justice Jennings in Earvin v. Department for Family and Protective Services (DFPS) (Tex.App.- Houston [1st Dist.] Mar 15, 2007)(concurrence by Jennings) TDPS v. Styron (Tex.App.- Houston [1st Dist.] Jan. 25, 2007)(Higley)(DWI licenses suspension) [jurisdiction of criminal court, administrative suspension of driver's license] DISMISS APPEAL: Opinion by Justice Higley (Before Justices Nuchia, Jennings and Higley) 01-06-00178-CV Texas Department of Public Safety v. Rhonda Styron Appeal from Co Crim Ct at Law No 3 of Harris County (Hon. Donald W. Jackson) McKnight v. Brown, Jr. (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Justice Laura Carter Higley) Bland Concurrence in McKnight v. Brown, Jr. (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(concurring opinion by Justice Bland) McKowen, M.D. v. Ragston (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Justice Laura Carter Higley) 2007 Separate Opinions by Justice Higley 2007 Civil and Criminal Case Disposition with Opinion Written by Justice Higley Davis v. Smith (Tex.App.- Houston [1st Dist.] Aprl. 5, 2007)(Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Keyes and Higley) 01-06-00799-CV Daisy Mae Davis v. Jim R. Smith and Cost Plus of Texas, Inc.--Appeal from Co Civil Ct at Law No 1 of Harris County In re Satish Gupta (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Higley) [death penality sanctions case] DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Higley (Before Justices Nuchia, Jennings and Higley) 01-06-00678-CV In re Satish Gupta, SB International, Inc., Trinity Recycling, Inc., and Manish Gupta Appeal from 344th District Court of Chambers County (Hon. Carroll E. Wilborn, Jr.) In re Satish Gupta (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Concurrence by Jennings) [Dissent opinions that denial of mandamus in this extraordinary case merits explanation in precedent setting opinion] OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Concurring Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Higley) 01-06-00678-CV In re Satish Gupta, SB International, Inc., Trinity Recycling, Inc., and Manish GuptaAppeal from 344th District Court of Chambers County (Hon. Carroll E. Wilborn, Jr.) In re Meena Matthews (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Higley) [arbitration, foreign teacher recruitment contract] GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Higley (Before Justices Nuchia, Keyes and Higley) 01-07-00001-CV In re Meena Matthews, Shubhra Brown, Bharati Dhyani, Sunny Joseph, Ruchi Joshi, Bobby Khanna, Anita Pande, Anurag Pathak, Vandana Shokeen, Preetika Randive, Garima Malhotra and Nallani Sriram.--Appeal from Co Civil Ct at Law No 4 of Harris County (Hon. Roberta A. Lloyd) Mathews v. USA Employment LLC (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Higley) [arbitration, foreign teacher recruitment] see related mandamus proceeding No. 01-07-00001-CV DISMISS APPEAL: Opinion by Justice Higley (Before Justices Nuchia, Keyes and Higley) 01-06-01016-CV Meena Mathews, Shubhra Brown, Bharati Dhyani, Sunny Joseph, Ruchi Joshi, Bobby Khanna, Anita Pande, Anurag Pathak, Vandana Shokeen, Preetika Randive, Garima Malhotra, Nallani Sriram v. USA Employment, L.L.C.--\ Appellants' Attorney: Gregory Raman Johnson, Philip Durst; Appellee's counsel: Stanford Scott Boyd Appeal from Co Civil Ct at Law No 4 of Harris County (Judge Roberta Lloyd) Brooks v. The State of Texas (Tex.App.- Houston [1st Dist.] Feb. 15, 2007)(Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Keyes and Higley) 01-06-00312-CR Curtis A. Brooks v. The State of Texas--Appeal from Co Crim Ct at Law No 11 of Harris County Brooks v. The State of Texas (Tex.App.- Houston [1st Dist.] Feb. 15, 2007)(Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Keyes and Higley) 01-06-00398-CR Ricardo Deleon v. The State of Texas--Appeal from 338th District Court of Harris County Braxton v. The State of Texas (Tex.App.- Houston [1st Dist.] Feb. 8, 2007)(Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Keyes and Higley) 01-06-00360-CR Monique Renee Braxton v. The State of Texas--Appeal from 262nd District Court of Harris County Melgar v. The State of Texas (Tex.App.- Houston [1st Dist.] Feb. 8, 2007)(Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Keyes and Higley) 01-06-00430-CR Maynor Giovanni Melgar v. The State of Texas--Appeal from 262nd District Court of Harris County Melgar v. The State of Texas (Tex.App.- Houston [1st Dist.] Feb. 8, 2007)(Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Keyes and Higley) 01-06-00431-CR Maynor Giovanni Melgar v. The State of Texas--Appeal from 262nd District Court of Harris County Milton v. The State of Texas (Tex.App.- Houston [1st Dist.] Feb. 1, 2007)(Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Keyes and Higley) 01-05-01013-CR Charles Matthew Milton v. The State of Texas--Appeal from 208th District Court of Harris County TDPS v. Styron (Tex.App.- Houston [1st Dist.] Jan. 25, 2007)(Higley) DISMISS APPEAL: Opinion by Justice Higley (Before Justices Nuchia, Jennings and Higley) 01-06-00178-CV Texas Department of Public Safety v. Rhonda Styron--Appeal from Co Crim Ct at Law No 3 of Harris County McKnight v. Brown, Jr. (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Higley) DISMISS APPEAL: Opinion by Justice Higley (Before Justices Taft, Higley and Bland) 01-05-00689-CV John Frank McKnight v. Marshall Davis Brown, Jr.--Appeal from 133rd District Court of Harris County McKowen, MD v. Ragston (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Jennings and Higley) 01-06-00665-CV Robert L. McKowen, M.D. v. Mitchell Ragston, Sr. and Mitchell Ragston, Jr., Individually And As Personal Representatives For The Estate of Golden Ragston, Deceased--Appeal from 80th District Court of Harris County Wooley v. The State of Texas (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Jennings and Higley) 01-05-01145-CR Fredrick Lee Wooley v. The State of Texas--Appeal from 184th District Court of Harris County |