Opinions by [Senior] Justice Harvey Hudson (Tex.App.- Houston [14th Dist.] 2007-2008)

Note: On Dec. 21, 2007 Governor Rick Perry appointed 55th District
Court Judge Jeffrey Brown to succeed Justice Harvey Hudson on the
Fourteenth Court of Appeals until a replacement is chosen by election.
Justice Brown narrowly survived the Nov. 2008 contested election for the
unexpired term and will keep the job.

MOST RECENT APPELLATE OPINIONS
BY SENIOR JUSTICE HUDSON

Sheshtawy v. Sheshtawy, (Tex.App.- Houston [14th Dist.] Nov. 18,
2008)(Hudson) (divorce, property,
(divorce, property, postjudgment proceedings, motion for new trial based
on claim of new evidence fails, diligence, cumulative evidence)
AFFIRMED: Opinion by Justice Hudson
(Before Chief Justice Hedges, Justices Hudson and Brown)
14-07-00227-CV Amal Sheshtawy v. Adel Sheshtawy, Drill Bit Industries,
Inc. and Tri-Max Industries, Inc.--Appeal from 309th District Court of
Harris County
Trial Court Judge: Judge Frank Barlow Rynd

2007 OPINIONS BY JUSTICE HARVEY HUDSON

Tsertos v. Yammine (Tex.App.- Houston [14th Dist.] Oct. 18,
2007)(Hudson)(construction law, mechanics and materialmen's lien,
M&M lien)
REVERSED AND REMANDED: Opinion by Justice Hudson
Before Chief Justice Hedges, Justices Hudson and Guzman
14-06-00769-CV John Tsertos and Dundas Holdings, Inc. v. Yammine
Gabriel Yammine, Et Al
Appeal from County Civil Court at Law No 4 of Harris County
(Hon. Roberta Anne Lloyd)

Barrick v. CRT Disaster Services (Tex.App.- Houston [14th Dist.] Sep.
27, 2007)(Hudson)(check fraud, motion for new trial, unpleaded claim)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by
Justice Hudson
Before Chief Justice Hedges, Justices Hudson and Guzman
14-06-00853-CV E.W. "Bill" Barrick Et Al v. CRT Disaster Services
Appeal from 281st District Court of Harris County (Hon. David J. Bernal)

Henrixson v. U-Haul Co. of Houston (Tex.App.- Houston [14th Dist.] Aug.
9, 2007)(Hudson)(negligence, injury by truck, summary judgment
reversed, material fact issues)
REVERSED AND REMANDED: Opinion by Justice Hudson
Before Chief Justice Hedges, Justices Hudson and Guzman
14-06-00928-CV        Noah Eugene Hendrixson v. U-Haul Co. of Houston
Appeal from 113th District Court of Harris County (Hon. Patricia Ann
Hancock)

Moon v. Lesikar (Tex.App.- Houston [14th Dist.] Jul. 10,
2007)(Hudson)(family trust, standing)
AFFIRMED: Opinion by Justice Hudson
Before Justices Anderson, Hudson and Guzman
14-05-00677-CV Carolyn Ann Lesikar Moon, Individually and a Named
Trustee of the Carolyn Ann
Appeal from 149th District Court of Brazoria County (Judge Robert May)
Lesikar Moon Special Trust v. Woody K. Lesikar, Individually, as Trustee
of the Woodrow v. Leiskar Family Trust, et al
Appeal from 149th District Court of Brazoria County (Judge Robert May)
Concurring Opinion by Justice Guzman in Moon v. Lesikar (Tex.App.-
Houston [14th Dist.] Jul. 10, 2007)(Guzman, concurring)

Lesikar v. Lesikar Family Trust (Tex.App.- Houston [14th Dist.] Jul. 10,
2007)(Hudson)(probate, trust, no contest clause)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by
Justice Hudson
Before Justices Brock Yates, Anderson and Hudson
14-05-01246-CV Woody K. Lesikar, Individually and as Trustee of the
Woodrow V. Lesikar Family Trust, Et Al v. Carolyn Ann Lesikar Moon,
Individually and as Named Trustee of the Carolyn Ann Lesikar Moon
Special Trust
Appeal from 149th District Court of Brazoria County (Judge Robert May)

Harris County v. Gerber (Tex.App.- Houston [14th Dist.] Jul. 10,
2007)(Hudson)(TTCA, pr e mises defect)
REVERSED AND DISMISSED: Opinion by Justice Hudson
Before Chief Justice Hedges, Justices Hudson and Guzman
14-06-01096-CV Harris County v. Hollie Gerber
Appeal from 165th District Court of Harris County (Judge Elizabeth Ray)

Malekzadeh v. Rebecca Malekzadeh (Tex.App.- Houston [14th Dist.] Jul.
3, 2007)(Hudson)(family law, divorce)
AFFIRMED: Opinion by Justice Hudson
Before Justices Brock Yates, Anderson and Hudson
14-05-00113-CV Mohammed Malekzadeh v. Rebecca Malekzadeh
Appeal from 309th District Court of Harris County
(Judge Frank Barlow Rynd)

In Re Mohammed Malekzadeh (Tex.App.- Houston [14th Dist.] Jul. 3,
2007)(Hudson)(mandamus)
MOTION OR WRIT DENIED: Opinion by Justice Hudson
Before Justices Brock Yates, Anderson and Hudson
14-06-00341-CV In Re Mohammed Malekzadeh
Appeal from 309th District Court of Harris County (Hon. Frank B . Rynd)

McLendon v. Detoto (Tex.App.- Houston [14th Dist.] Jul. 3,
2007)(Hudson)(malpractice legal)
AFFIRMED: Opinion by Justice Hudson
Before Chief Justice Hedges, Justices Hudson and Guzman
14-06-00658-CV Robert McLendon v. Richard Gregory "Rick" Detoto
Appeal from 334th District Court of Harris County (no judge shown on
docket)

The State of Texas v. Fiesta Mart, Inc (Tex.App.- Houston [14th Dist.]
Jul. 3, 2007)(Hudson)(plea to the jurisdiction, condemnation, eminent
domain)
AFFIRMED: Opinion by Justice Hudson
Before Chief Justice Hedges, Justices Hudson and Guzman
14-06-00826-CV The State of Texas v. Fiesta Mart, Inc.
Appeal from County Civil Coutt at Law No 3 of Harris County
(Judge Lynn M. Bradshaw-Hull)

Fort Bend County, Texas v. The Burlington Northern & Santa Fe Railway
Company (Tex.App.- Houston [14th Dist.] Jun. 21,
2007(Hudson)(Condemnation, reimbursement, plea to the jurisdiction)
VACATED AND DISMISSED: Opinion by Justice Hudson
Before Justices Brock Yates, Anderson and Hudson
14-05-01106-CV        Fort Bend County, Texas v. The Burlington
Northern & Santa Fe Railway Company
Appeal from County Court at Law No 3 of Fort Bend County
(Judge Susan Griffin Lowery)

Awalt Group, Inc. v. M Power Entertainment (Tex.App.- Houston [14th
Dist.] May 19, 2007)(Hudson)(sworn account suit, special exception,
motion for summary judgment, statute of limitations, SoL)
AFFIRMED: Opinion by Justice Hudson
Before Justices Brock Yates, Anderson and Hudson
14-05-01208-CV Awalt Group, Inc. v. M Power Entertainment
Appeal from 189th District Court of Harris County (Judge William R.
Burke JR)

Ace American Ins. Co. v. Marez (Tex.App.- Houston [1st Dist.] Apr. 13,
2007)(Hudson)[workers comp case; attorneys fees]
REVERSED AND RENDERED: Opinion by Justice Hudson
(Before Chief Justice Hedges, Justices Hudson and Edelman
14-06-00592-CV        Ace American Insurance Company v. Erasmo
Marez
Appeal from 234th District Court of Harris County (Judge Reese Rondon)
("In this workers' compensation case, a jury found that Erasmo Marez was not
injured in the course and scope of his employment at Trinity Industries, Inc. The trial
court, however, granted Marez's motion for judgment notwithstanding the verdict
("JNOV") in Marez's favor and ordered Ace American Insurance Company, Trinity
Industries' worker's compensation insurance carrier and the plaintiff below, to pay
Marez's attorney's fees. On appeal, Ace contends the trial court erred in granting the
JNOV and awarding attorney's fees because more than a scintilla of evidence
supports the jury's verdict. In a cross-point, Marez contends that, if more than a
scintilla of evidence supports the jury's verdict, the verdict was against the great
weight and preponderance of the evidence. We reverse and render.")

Smith v. City of Galveston (Tex.App.- Houston [14th Dist.] Apr. 19,
2007)(Hudson)
AFFIRMED: Opinion by Justice Hudson
Before Justices Anderson, Hudson and Guzman
14-05-00926-CV Daryl Dwayne Smith, Stacy Schnell and Rose Mary
Smith, Individually and for the Estate of Robert W. Smith, Deceased v.
City of Galveston
Appeal from 127th District Court of Harris County

Green v. Alford (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)(Hudson)
(fire truck accident, negligence, official immunity)
REVERSED AND RENDERED: Opinion by Justice Hudson
Before Justices Anderson, Hudson and Guzman
14-05-00407-CV        Christopher Green v. Dwainia Alford, Individually
and as Next Friend of Aaron Alford and Ronald Alford
Appeal from 152nd District Court of Harris County
Justice Guzman dissented in Green v. Alford (Tex.App.- Houston [14th
Dist.] Mar. 27, 2007)(Dissent by Guzman)

Urban v. Paulette Barker (Tex.App.- Houston [14th Dist.] Mar. 6,
2007)(Justice Harvey Hudson) (in personam jurisdiction, special
appearance, foreign defendant , lack of personal jurisdiction)

Gray v. Waste Resource, Inc. (Tex.App.- Houston [14th Dist.] Feb. 27,
2007)(Justice Harvey Hudson)
(jury verdict for fraud, grant of JNOV affirmed)

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