Opinions by Other Justices of the FIrst Court of Appeals, sitting in Houston, Texas Chief Justice Sherry Radack Justice Timothy Taft Justice Jim Sharp Justice Sam Nuchia (former) Justice Terry Jennings Justice Evelyn Keyes Justice Elsa Alcala Justice George C. Hanks, Jr. Justice Laura C. Higley Justice Jane Bland |
Justice Terry Jennings won election to the First Court of Appeals in 2000 and was sworn in by Texas Supreme Court Justice Greg Abbott, who later became Texas Attorney General, a position he still occupies. Like fellow Justice Elsa Alcala, Jennings previously served as a prosecutor in the Harris County District Attorney's Office. Jennings earned his law degree from the University of Houston Law Center. Justice Jennings is the most independent jurist on the court. In fiscal year 2006 Justice Jennings wrote 22 concurring opinions and three dissents. His 25 separate opinions account for almost 60% of concurrences and dissents on the 9 member court, of which four Justices never wrote separately during that same time period. Justice Jennings ranks third statewide in the number of separate opinions. His total number of concurring and dissenting opinions exceeded the total for all justices on several other courts of appeals. Justice Jennings’ majority opinions also draw dissenting views from other members on his court. Justice Jennings is a Republican, as are all of his peers on the court. Jennings was re-elected as an unopposed incumbent in the 2006 general election. Find more judge and court information at the Houston-Opinions Home Page |
| 2007 Opinions by Houston Appeals Court Justice Terry Jennings |
2007 Civil Cases with Opinions by Justice Jennings Also see --> 2009 | 2008 Appellate Opinions by Justice Jennings Civil Appeals Decided 2007 With Opinions Authored by Justice Terry Jennings Gordon v. Godsey (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Jennings) (real estate law, trespass to try title) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Nuchia, Jennings and Keyes 01-07-00494-CV Ronald X. Gordon v. Flora Godsey Appeal from 234th District Court of Harris County (Judge Reece Rondon) Zalud v. Schiro DDS (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Jennings) (HCLC dental malpractice, expert report, partial record on appeal) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Nuchia, Jennings and Keyes 01-06-00200-CV Lucille C. Zalud v. John Christian Schiro, D.D.S. Appeal from 400th District Court of Fort Bend County (Judge Clifford Vacek) McMichael v. McMichael (Tex.App.- Houston [1st Dist.] Dec. 13, 2007)(Jennings) (SAPCR, MTM, child support increase) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Nuchia, Jennings and Keyes 01-06-01037-CV Henry Cleburne McMichael, IV v. Jackie McMichael Appeal from 311th District Court of Harris County (Hon. Doug Warne) E. I. du Pont v. Shell Oil Co. (Tex.App.- Houston [1st Dist.] Nov. 15, 2007)(Jennings)(breach of indemnity agreement, defense costs) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Jennings Before Justices Nuchia, Jennings and Keyes 01-07-00118-CV E. I. du Pont de Nemours and Company v. Shell Oil Company Appeal from 127th District Court of Harris County (Hon. Sharolyn Wood) St. Raphael Medical Clinic, Inc. Mint Medical Pysician Staffing (Tex.App.- Houston [1st Dist.] Oct. 25, 2007)(Jennings) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings Before Justices Nuchia, Jennings and Keyes 01-06-00983-CV St. Raphael Medical Clinic, Inc. v. Mint Medical Physician Staffing, LP d/b/a Prime Staff Appeal from Co Civil Ct at Law No 1 of Harris County (Hon. Jack Cagle) C & K Investments v. Fiesta Group, Inc. (Tex.App.- Houston [1st Dist.] Aug. 2, 2007)(usury) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Bland 01-05-01113-CV C & K Investments; Ken D. Parr a/k/a Kenneth Darwin Parr, Sr.; Corine Thornton Parr; and Parr Family Limited Partnership d/b/a C & K Investments v. Fiesta Group, Inc. Appeal from 189th District Court of Harris County (Judge Hon. William R. Burke, Jr) McAlester Fuel Co. v. Smith International Inc. (Tex.App.- Houston [1st Dist.] Jul. 26, 2007) (commercial dispute, breach of contract, BoC, 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) McCarthy v. Wani Venture (Tex.App.- Houston [1st Dist] Jun. 28, 2007)(Hanks) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Higley 01-04-00921-CV Marcie McCarthy v. Wani Venture, AS Appeal from 129th District Court of Harris County (Trial court judge: Hon. Grant Dorfman) Justice Jennings dissented in McCarthy v. Wani Venture (Tex.App.- Houston [1st Dist] Jun. 28, 2007)(Dissent by Justice Jennings) McKay v. DFPS (Tex.App.- Houston [1st Dist.] Jun. 21, 2007)(Jennings)(termination of parental rights AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Taft, Jennings and Alcala 01-06-00568-CV Sandra McKay v. Department of Family and Protective Services Appeal from 313th District Court of Harris County (Hon. Pat Shelton) Marrot Communications, Inc. v. Town & Country Partnership d/b/a Town & Country Village (Tex.App.- Houston [1st Dist.] May 31, 2007)(Jennings) (real estate law, deed, constable sale, set aside) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings Before Justices Nuchia, Jennings and Higley 01-06-00068-CV Marrot Communications, Inc. v. Town & Country Partnership d/b/a Town & Country Village- Appeal from 61st District Court of Harris County (Hon. John Donovan) Ortiz v. Martinez (Tex.App.- Houston [1st Dist.] May 17, 2007)(Jennings)(PI-auto jury) [PI auto jury instruction unavoidable accident instruction] AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Taft, Jennings and Alcala 01-05-00984-CV Joe H. Ortiz, Mario H. Ortiz, Leonardo H. Ortiz, Juan Garcia & Ramon Hernandez Salas v. John Martinez--Appeal from 281st District Court of Harris County (Judge David J. Bernal) Motiva Enterprises LLC v. McCrabb (Tex.App.- Houston [1st Dist.] May 17, 2007)(Jennings) (government entity law, condemnation) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Nuchia, Jennings and Higley 01-06-00701-CV Motiva Enterprises, LLC v. Audeen McCrabb, Norma Ann Euton, Connie Mendez, Tom Mendez, Kirk McCrabb, Kathy McCrabb, Scott McCrabb, Sarah McCrabb, Joseph McCrabb and Rebecca McCrabb--Appeal from Co Civil Ct at Law No 4 of Harris County (Hon. Judge Roberta A. Lloyd) Error in Exclusion of Evidence Found - Right to Arbitrate Waived Interconex, Inc. v. Ugarov (Tex.App.- Houston [1st Dist.] May 3, 2007)(Jennings) [jury, exclusion of evidence, causal nexus] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Alcala 01-05-00524-CV Interconex, Inc., d/b/a Interdeaninterconex v. Nick Ugarov Appeal from 280th District Court of Harris County (Judge Tony Lindsay) Justice Jennings takes Justice Nuchia to task for mis-characterizing premises defect claim into health care liability claim Marks v. St. Luke's Episcopal Hospital (Tex.App.- Houston [1st Dist.] May 3, 2007)(Nuchia)(opinion on remand)(HCLC, standard of care, expert report) AFFIRM TC JUDGMENT: Opinion by Justice Nuchia Before Justices Nuchia, Jennings and Alcala 01-04-00228-CV Irving W. Marks v. St. Luke's Episcopal Hospital Appeal from 215th District Court of Harris County (Judge Levi J. Benton) Justice Jennings wrote separately in Marks v. St. Luke's World Savings Bank, FSB v. Alaniz (Tex.App.- Houston [1st Dist.] Aup. 5, 2007)(Jennings) [default judgment, restricted appeal, traditional MSJ] Justice Jennings writes separately in death penalty sanctions case; criticizes his 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) David Carl Wormington v. The State of Texas (Tex.App.- Houston [1st. Dist.] Mar. 22, 2007)(Jennings) CHCA Mainland LP v. Burkhalter (Tex.App.- Houston [1st Dist.] Mar 8, 2007)(Justice Terry Jennings) El Naggar Fine Arts Furniture v. Indian Harbor Ins. Co. (Tex.App.- Houston [1st Dist.] Mar. 1, 2007)(Terry Jennings) Pool v. DFPS pka CPS (Tex.App.- Houston [1st Dist.] Mar. 1, 2007)(Justice Terry Jennings) Flores v. Cuevas (Tex.App.- Houston [1st Dist.] Mar. 1, 2007)(Justice Terry Jennings) Adams v. DFPS (Tex.App.- Houston [1st Dist.] Feb. 22, 2007)(Justice Terry Jennings) Kumar, MD v. Hill(Tex.App.- Houston [1st Dist.] Feb. 15, 2007)(Justice Terry Jennings) Pepi Corp. v. Galliford (Tex.App.- Houston [1st Dist.] Feb. 8, 2007)(Dissent by Justice Terry Jennings) Higley Dissent in Pepi Corp. v. Galliford (Tex.App.- Houston [1st Dist.] Feb. 8, 2007)(dissenting opinion by Justice Higley) Stiles v. Memorial Hermann Healthcare System (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Justice Terry Jennings) 2007 Separate Opinions by Justice Jennings McCarthy v. Wani Venture (Tex.App.- Houston [1st Dist] Jun. 28, 2007)(Hanks) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Higley 01-04-00921-CV Marcie McCarthy v. Wani Venture, AS Appeal from 129th District Court of Harris County (Trial court judge: Hon. Grant Dorfman) Justice Jennings dissents in McCarthy v. Wani Venture (Tex.App.- Houston [1st Dist] Jun. 28, 2007)(Dissent by Justice Jennings) 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) Earvin v. Department for Family and Protective Services (DFPS) (Tex.App.- Houston [1st Dist.] Mar 15, 2007)(Higley) 2007 Opinions by Justice Jennings - Civil and Criminal Cases (with disposition data) World Savings Bank, FSB v. Alaniz (Tex.App.- Houston [1st Dist.] Apr. 5, 2007)(Jennings) [default judgment, restricted appeal, traditional MSJ] REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Jennings (Before Chief Justice Radack, Justices Jennings and Bland) 01-06-00549-CV World Savings Bank, FSB v. Julio Alaniz and Susana Beltran Appeal from 113th District Court 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.) Adams v. DFPS (Tex.App.- Houston [1st Dist.] Feb. 22, 2007)(Justice Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Chief Justice Radack, Justices Jennings and Bland) 01-06-00243-CV Kay Adams v. Department of Family and Protective Services Appeal from 315th District Court of Harris County Kumar, MD v. Hill(Tex.App.- Houston [1st Dist.] Feb. 15, 2007)(Justice Jennings) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Higley) 01-06-00045-CV Ramesh T. Kumar, M.D. v. John Hill, Ind. and d/b/a Info Systems Architects, Inc., A Texas Corporation, a/k/a ISA--Appeal from 212th District Court of Galveston County Layton v. The State of Texas (Tex.App.- Houston [1st Dist.] Feb. 15, 2007)(Nuchia) AFFIRM TC JUDGMENT: Opinion by Justice Nuchia (Before Justices Nuchia, Jennings and Higley) 01-05-00950-CR Daniel Layton v. The State of Texas--Appeal from Co Crim Ct at Law No 2 of Harris County Layton v. The State of Texas (Tex.App.- Houston [1st Dist.] Feb. 15, 2007)(Dissent by Jennings) OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Higley) 01-05-00950-CR Daniel Layton v. Castenano v. The State of Texas (Tex.App.- Houston [1st Dist.] Feb. 15, 2007)(Justice Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Higley) 01-05-01042-CR Marvin Castenano v. The State of Texas Appeal from 232nd District Court of Harris County El Naggar Fine Arts Furniture v. Indian Harbor Ins. (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Justice Jennings)(opinion superseded by a subsequent substitute opinion) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Higley) 01-05-01069-CV El Naggar Fine Arts Furniture, Inc., and Ahmed El Naggar v. Indian Harbor Insurance Company--Appeal from 165th District Court of Harris County Broussard v. The State of Texas (Tex.App.- Houston [1st Dist.] Feb. 15, 2007)(Justice Jennings) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Keyes (Before Justices Nuchia, Keyes and Higley) 01-05-01123-CR Gene Michael Broussard v. The State of Texas--Appeal from 21st District Court of Washington County Pepi Corp. v. Galliford (Tex.App.- Houston [1st Dist.] Feb. 8, 2007)(Higley) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Higley (Before Justices Jennings, Hanks and Higley) 01-05-00788-CV Pepi Corporation v. Brett Galliford d/b/a Green Electronics Appeal from Co Civil Ct at Law No 1 of Harris County Pepi Corp. v. Galliford (Tex.App.- Houston [1st Dist.] Feb. 8, 2007)(Dissent by Jennings) OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Jennings (Before Justices Jennings, Hanks and Higley) 01-05-00788-CV Pepi Corporation v. Brett Galliford d/b/a Green Electronics Appeal from Co Civil Ct at Law No 1 of Harris County Stiles v. Memorial Hermann Healthcare System (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Justice Jennings) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings (Before Chief Justice Radack, Justices Jennings and Alcala) 01-05-00473-CV Mattie Stiles v. Memorial Hermann Healthcare System Appeal from Co Civil Ct at Law No 4 of Harris County El Naggar Fine Arts Furniture v. Indian Harbor Ins. (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Justice Jennings)(opinion superseded by a subsequent substitute opinion) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Higley) 01-05-01069-CV El Naggar Fine Arts Furniture, Inc., and Ahmed El Naggar v. Indian Harbor Insurance Company--Appeal from 165th District Court of Harris County |